Gayasuddin v. State NCT of Delhi

Delhi High Court · 02 Feb 2026 · 2026:DHC:819
Girish Kathpalia
BAIL APPLN. 10/2026
2026:DHC:819
criminal other

AI Summary

The Delhi High Court allowed temporary custody of the accused to solemnize marriage with the consenting major prosecutrix before returning him to jail, disposing of the interim bail application.

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BAIL APPLN. 10/2026
HIGH COURT OF DELHI
Date of Decision: 02.02.2026
BAIL APPLN. 10/2026
GAYASUDDIN .....Petitioner
Through: Mr. Nasimuddin and Mr. Ajay Singh Tomar, Advocates.
VERSUS
STATE NCT OF DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for State with IO/SI Sharneya.
Mr. Manish Kumar, Advocate for prosecutrix.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT

3. The prosecutrix present with her counsel and identified Investigating Officer/WSI Sharneya also submits that she wants to get married with the accused/applicant. The prosecutrix is stated to be major in age. (ORAL)

1. The accused/applicant seeks interim bail in case FIR No. 167/2025 of Police Station Jamia Nagar for the offence under Section 69/123/89/79/351/115(2) of BNS & Section 6 of POCSO Act.

2. In furtherance of last order, it is submitted by learned counsel for accused/applicant that he had filed some document but the same is lying under objections. BAIL APPLN. 10/2026 pages

4. Under these circumstances, both sides request that instead of adjourning the matter to await the document mentioned above or granting any interim bail, the accused/applicant can be permitted to go in custody and get married, after which he may apply for regular bail.

5. Accordingly, as requested by both sides, this interim bail application is disposed of with the directions that on 12.02.2026 at 12:00 noon, the accused/applicant shall be taken in custody of 3rd Battalion to the House No.D-7/10, 4th Floor, Flat No.D-2, Joga Bai Extn., Jamia Nagar, Okhla, Delhi, which is stated to be house of prosecutrix, where Qazi also would reach and conclude the marriage ceremony by about 04:00pm same day, after which the accused/applicant shall be taken back to jail. Thereafter, the accused/applicant may file application for regular bail.

6. For compliance, copy of this order be sent to the concerned Jail Superintendent and the DCP 3rd Battalion.

GIRISH KATHPALIA (JUDGE) FEBRUARY 02, 2026