$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010278252026 + BAIL APPLN. 2466/2026, CRL.M.A. 19082/2026 MHOD ZAKIR .....Applicant Through: Mr. A.K. Mishra and Ms. Alphy Thomas, Advs. versus STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Raghuinder Verma, APP for the State with SI Pavan Kr. Yadav, PS.: Sunlight Colony Ms. Anushkaa Arora, SC (DHCLSC) for victim CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 02.09.2026 1. Status Report handed over by the learned APP is taken on record. 2. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [Section 439 of the Code of Criminal Procedure, 1973 (CrPC)], the applicant seeks grant of regular bail in proceedings arising out of FIR No.34/2017 dated 02.02.2017 registered at PS.: Sun Light Colony, Delhi under Sections 363/376D/370/ 342/506 of the Indian Penal Code, 1860 and Sections 4/6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 3. Briefly put, as per prosecution, on 02.02.2017 the prosecutrix was produced at PS.: Sunlight Colony, Delhi by the staff of PS.: Hazarat Nizamuddin along with an activist from Delhi Commission for Women. Thereafter, in her statement recorded under Section 161 CrPC she stated that in October 2016 she ran away from her house in Chhattisgarh and reached New Delhi railway station. There, she was lured by the co- 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 07/09/2026 at 11:28:25 accused Arman, who took her to a room in Sarai Kale Khan, Delhi where he sexually assaulted her in the presence of his wife Haseena @ Lado, and after two days, sold her to co-accused Pappu Yadav, who forcibly married her in a temple and thereafter repeatedly subjected her to physical and sexual abuse. Subsequently, on 28.01.2017 the prosecutrix escaped from the clutches of co-accused Pappu Yadav and returned to Hazarat Nizamuddin Railway Station, where she was intercepted by co-accused Haseena @ Lado, who forcibly intoxicated her and thereafter called co- accused Mohd Afroj and the present applicant, who too established physical and sexual relations with her without her consent. Hence, the present FIR came to be registered. 4. Thereafter, the prosecutrix was medically examined at AIIMS Hospital and relevant exhibits were seized and taken into police custody. Further, on 03.02.2017 during her statements recorded under Section 164 CrPC, the prosecutrix identified the present applicant. Eventually, the present applicant came to be arrested on 03.02.2017. 5. In this factual backdrop, this Court has heard learned counsel for the applicant, learned APP and learned counsel for the prosecutrix, as also perused the materials on record. 6. As borne out, no doubt, the allegations levelled against the present applicant are grave and serious in nature wherein offence under Sections 363/376D/370/342/506 of the Indian Penal Code, 1860 and Sections 4/6 of the POCSO Act is stated to have been committed by him, however, this Court cannot brush aside the fact that the applicant is a person having clean antecedents and more than anything else, has been facing incarceration for almost nine years and seven months, as also has not been 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 07/09/2026 at 11:28:25 able to get a speedy trial as envisaged under Article 21 of the Constitution of India. In fact, the trial is still at the stage of prosecution evidence, which is yet to conclude. 7. Moreover, as per the Nominal Roll received from the Jail Authorities, the applicant’s conduct has been ‘Satisfactory’ all throughout, without any punishment tickets. In fact, records reveal that there is/ are no allegations pointing towards the applicant having tried to influence the witnesses and/ or tamper with the evidence and/ or hamper the trial at any stage during the past nine years and seven months. 8. In such circumstances, this Court cannot ignore the period of long incarceration of the applicant, his denial of speedy trial and lastly, his conduct/ behaviour inside jail while facing incarceration. Further, at the end of the day, the applicant is, as on date, only an accused, and is yet to be pronounced guilty. 9. Relevantly, the Courts have consistently held that prolonged incarceration amounts to a violation of the fundamental right to speedy trial guaranteed under Article 21 thereof. In fact, the Hon’ble Supreme Court in Union of India v. K.A. Najeeb: (2021) 3 SCC 713 and Javed Gulam Nabi Shaikh v. State of Maharashtra: Crl.A.2787/2024, has held that once it is obvious that a timely trial would not be possible, and the accused has suffered incarceration for a significant period of time, bail ought to be granted. 10. Lastly, it has also been brought to the notice of this Court that the other co-accused persons namely Pappu Yadav, Mohd Afroz and Haseena @ Lado have already been granted bail. Though the role attributed to them is/ are different from that attributed to the applicant herein and the same, 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 07/09/2026 at 11:28:25 in itself, cannot be a determinative consideration for granting bail, however, it lends some support to the cause of the applicant. 11. Accordingly, bearing in mind all the above cumulative factors, this Court is inclined to grant bail to the present applicant. As such, the present application is allowed and the applicant be thus released on regular bail in proceedings arising out of FIR No.34/2017 dated 02.02.2017 registered at PS.: Sun Light Colony, Delhi under Sections 363/376D/370/342/506 of the Indian Penal Code, 1860 and Sections 4/6 of the POCSO Act, upon him furnishing a personal bond in the sum of Rs.50,000/- [Rupees Fifty Thousand Only] along with one surety of the like amount by a family member/ friend having no criminal case pending against him/ her and subject to the satisfaction of the Jail Superintendent, and further subject to the following conditions: a) Applicant shall not leave NCT of Delhi without prior permission of this Court and shall ordinarily reside at the address as per prison records. If he wishes to change his residential address, he shall immediately intimate about the same to the IO by way of an affidavit. b) Applicant shall surrender his passport, if any, to the IO, within a period of three days. c) Applicant shall appear before the Court as and when the matter is taken up for hearing. d) Applicant shall provide all his mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not be switched off or changed without prior intimation to the IO concerned. 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 07/09/2026 at 11:28:25 e) Applicant shall report to the IO at PS: Sun Light Colony once every month in the first week of the month unless leave of every such absence is obtained from the learned Trial Court. f) Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, or tamper with the evidence of the case. 12. The present bail application, along with pending applications, if any, is accordingly disposed of. 13. A copy of this order be sent to the concerned Jail Superintendent for information and compliance. 14. Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall case/ trial involved. SAURABH BANERJEE, J SEPTEMBER 2, 2026/bh/DA 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 07/09/2026 at 11:28:25