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2026 DAILYLAW 15611 (DEL)

SONU KANAUJIA v. THE STATE NCT OF DELHI

BAIL APPLN./2634/2026 · 2026-08-06

Madhu Jain

body2026

Judgment text

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$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010294212026 + BAIL APPLN. 2634/2026 SONU KANAUJIA .....Petitioner Through: Mr. A.K. Singh, Mr. Gourav Prasad, Mr. Ankit Kumar, Mr. Snehil Jha and Mr. Ravi Nigam, Adv. with the petitioner-in-person. versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Naresh Kumar Chahar, APP with SI Seema. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 06.08.2026 1. This hearing has been done through hybrid mode. 2. The present application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) read with Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘CrPC’), seeking grant of anticipatory bail in FIR No. 81/2026 registered at Police Station Dwarka Sector-23, Delhi, for the offences punishable under Sections 376, 328 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’). 3. Learned counsel for the Applicant submits that both the Applicant and the prosecutrix were married. He further submits that the prosecutrix had 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 10/08/2026 at 11:06:26 earlier also lodged an FIR containing similar allegations against her husband and in-laws. It is further submitted that although, according to the prosecutrix herself, the alleged incident took place in the year 2023, the present FIR came to be registered only in the year 2026, after a delay of nearly three years. 4. Learned counsel for the Applicant further submits that the Applicant is ready to join the investigation and cooperate with the Investigating Agency and, therefore, deserves protection from arrest. 5. Per contra, learned APP for the State, as well as learned counsel for the Victim/Prosecutrix, submits that more than 400 obscene photographs/videos of the prosecutrix have to be recovered from the mobile phone and laptop of the Applicant. It is further submitted that custodial interrogation of the Applicant is necessary for the purpose of the fair investigation. 6. This Court has heard the learned counsel for the parties and perused the material placed on record, including the transcript of the conversation between wife of applicant and the prosecutrix relied upon by the applicant. 7. Prima facie, the transcript indicates that the Applicant and the prosecutrix were in a physical relationship. However, the allegations in the present FIR are grave in nature. The material placed on record, including the allegation regarding the recovery of more than 400 obscene photographs/videos of the prosecutrix from the Applicant’s electronic devices, requires a thorough investigation. At this stage, this Court is of the considered view that custodial interrogation of the Applicant cannot be dispensed with. 8. Accordingly, this Court is not inclined to exercise its discretionary jurisdiction to grant anticipatory bail to the Applicant. The present application is, accordingly, dismissed. Pending application(s), if any, stands disposed of. 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 10/08/2026 at 11:06:26 9. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 6, 2026/JYH/m 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 10/08/2026 at 11:06:26