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2026 DAILYLAW 17868 (DEL)

SURAJ GUPTA v. STATE OF DELHI & ANR.

BAIL APPLN./3794/2026 · 2026-09-10

Girish Kathpalia

body2026

Judgment text

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BAIL APPLN. 3794/2026 Page 1 of 2 pages $~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10.09.2026 # CNR No. DLHC010430032026 + BAIL APPLN. 3794/2026, CRL.M.A. 28138/2026 & CRL.M.A. 28139/2026 SURAJ GUPTA .....Petitioner Through: Mr. Mahipal Singh, Advocate versus STATE OF DELHI & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Komal CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant seeks regular bail in case FIR No.168/2024 of PS Aman Vihar for offence under Section 354/354A/457/451/506/509 IPC and 8/12/21 POSCO Act. 2. Broadly speaking, allegation against the accused/applicant is that on the late night intervening 21.03.2024 and 22.03.2024, the accused/applicant entered house of the complainant de facto and while everyone was sleeping, he molested 13 year old daughter of the complainant de facto. GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556 9af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d155709 96b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.09.10 16:47:30 +05'30' Digitally Signed By:DIKSHA RAWAT Signing Date:10.09.2026 16:45:45 Signature Not Verified BAIL APPLN. 3794/2026 Page 2 of 2 pages 3. Learned counsel for accused/applicant submits that he is in jail since 22.03.2024 and has already suffered incarceration for a period of more than half of the prescribed sentence. It is also submitted by learned counsel that the previous bail application of the accused/applicant was dismissed as withdrawn before this Court on 29.05.2026 with liberty to file afresh before the trial court after recording of testimony of the prosecutrix and complainant de facto on 08.06.2026, but the prosecutrix and complainant de facto deliberately did not appear before the trial court, so he moved bail application and the same was again dismissed before the trial court. Even thereafter on 17.08.2026, the prosecutrix did not appear for her testimony. 4. Learned APP for State, assisted by IO/SI Komal, accepts notice and submits that in view of above circumstances, State has no serious objection for grant of bail to the accused/applicant. 5. Therefore, the application is allowed and accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Trial Court/Duty Magistrate. 6. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant. GIRISH KATHPALIA (JUDGE) SEPTEMBER 10, 2026/as GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569 af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557099 6b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.09.10 16:47:15 +05'30' By:DIKSHA RAWAT Signing Date:10.09.2026 16:45:45