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2026 DAILYLAW 14485 (DEL)

RAJU KUMAR RAY@AKASH v. THE STATE OF NCT OF DELHI & ANR.

BAIL APPLN./1376/2026 · 2026-08-13

Manoj Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BAIL APPLN. 1376/2026 1 $~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010144042026 + BAIL APPLN. 1376/2026 RAJU KUMAR RAY@AKASH .....Petitioner Through: Mr. Jitendra Kr. Singh, Mr. Virender Verma, Advocates. versus THE STATE OF NCT OF DELHI & ANR. .....Respondent Through: Mr. Sunil Kumar Gautam, APP with SI Preeti Mann. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 13.08.2026 1. Applicant seeks regular bail in case FIR No. 127/2025 registered at PS Safdarjung Enclave for commission of offences under Section 65(1) Bharatiya Nyaya Sanhita (BNS) (corresponding Section 376(3) IPC) and 6 Protection of Children from Sexual Offences (POCSO) Act. 2. According to learned counsel for applicant, there is no specific allegation against the applicant as there was consensual relationship between him and the alleged minor-victim. He submits that the concerned victim and her parents have already been examined. 3. Importantly, he also divulges that the applicant, who was claiming Juvenility, has finally got a verdict in his favour as the learned Trial Court vide order dated 10.08.2026 has held that the age of the applicant, as on date of the offence, was less than 18 years and, therefore, he cannot be tried by a regular Court and there is a direction to transfer the matter to Juvenile Justice Board (JJB) so that his case is dealt in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2015. 4. He submits that the matter has already been directed to be placed before This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 11:25:09 BAIL APPLN. 1376/2026 2 the learned Principal District and Sessions Judge for further directions regarding transfer of case. 5. Though learned counsel for applicant reiterates that it was a case of consensual relationship and there was no criminality involved, except for the fact that the applicant as well as the victim were minor at the relevant time, ideally speaking, immediately, after passing the abovesaid order on 10.08.2026, whereby applicant had been declared Juvenile, he should have been transferred to Children Home. He continues to be in Central Jail. 6. Be that as it may, keeping in mind the overall facts of the case and the fact that the incarceration period of the applicant is of 1 year 3 months and that he has been declared juvenile, albeit, without observing any opinion over the merits of the case, the applicant is, hereby, directed to be released on bail on his furnishing personal bond and surety bond in a sum of Rs. 10,000/- with one surety of like amount, subject to the satisfaction of learned CMM/Duty Magistrate/JMIC/Juvenile Justice Board (JJB). 7. The application stands disposed of in aforesaid terms. 8. Pending application also stands disposed of. 9. A copy of this order be sent to the Jail Superintendent for necessary information and compliance. 10. A copy of this order be given dasti under the signatures of the Court master. MANOJ JAIN, J AUGUST 13, 2026/sw/sk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 11:25:09