$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010120682026 + BAIL APPLN. 1206/2026, CRL.M.A. 9352/2026, CRL.M.A. 15136/2026 GULSHAN .....Applicant Through: Ms. Sunita Arora, Adv. (DHCLSC) versus STATE GNCT OF DELHI & ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP for the State with Ms. Vanshika Singh and Mr. Bhanu Pratap Singh, Advs. with SI Sameer, PS.: Swaroop Nagar Mr. Sarthak Karol, Adv. (DHCLSC) with Ms. Neelakshi Bhadauria and Ms. Tanishka Pawar, Advs. for R-2 CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 02.09.2026 1. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant seeks grant of regular bail in proceedings arising out of FIR No.509/2023 dated 27.07.2023 registered at PS: Swaroop Nagar under Sections 363/376 of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2. Succinctly put, the FIR was registered at the instance of the mother of the then nine-year-old prosecutrix, as per whom 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 08/09/2026 at 11:39:02 gone out of her home to play at about 04:00 PM on 25.07.2023 but did not return home. On 27.07.2023, the prosecutrix was independently discovered within the jurisdiction of PS: Shalimar Bagh on separate information received by the Police there. She was then taken to BJRM Hospital and her MLC was prepared there, which revealed that she had been subjected to penetrative sexual assault. After recording her statement under Section 164 of the Code of Criminal Procedure, 1973 (CrPC), the applicant was thereafter arrested. 3. In this factual backdrop, this Court has heard learned counsel for the applicant, learned APP as well as learned counsel for the prosecutrix, as also gone through the pleadings and documents on record. 4. As borne out from the facts herein, the applicant is involved in luring a minor girl child away in a Car while she was standing alone on the road and then subjecting her to sexual assault, which is heinous and a serious offence. Her first statement under Section 164 CrPC recorded within 24 hours of the incident is very clear. The accused persons, including the applicant herein, have been apprehended thereon, as also the Car involved has been recovered from them. Further, as per the FSL Report the DNA profile of the applicant is found matching with the one generated from the clothes of the prosecutrix, thereby constituting a strong prima facie case against him. 5. Lastly, considering that the prosecutrix is merely ten years of age now, and as per her mother is going to School alone with her younger siblings as their father is indisposed, her safety is of prime importance. 6. Also, considering that the applicant is grown up it cannot be ruled out that if released on bail, the applicant may tamper with the evidence 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 08/09/2026 at 11:39:02 and/ or influence the witnesses and/ or hamper the proceedings before the learned Trial Court. 7. Lastly, though the applicant has been under incarceration for a period of about three years, nine out of 27 prosecution witnesses have already been examined and the trial is under progress without unnecessary delays and latches. 8. Therefore, taking a cumulative view of the facts and circumstances involved, this Court is not inclined to grant the applicant regular bail at this stage. 9. Accordingly, the present application is dismissed. 10. Needless to say, expression of view(s) on merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall proceedings involved. SAURABH BANERJEE, J SEPTEMBER 2, 2026/bh 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 08/09/2026 at 11:39:02