DP v. The State (Govt of NCT of Delhi)

Delhi High Court · 04 May 2026 · 2026:DHC:3757
Girish Kathpalia
BAIL APPLN. 1701/2026
2026:DHC:3757
criminal appeal_dismissed

AI Summary

Interim bail was denied to an accused charged with raping his minor niece, as financial hardship alone was insufficient ground given the offence's gravity and trial stage.

Full Text
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BAIL APPLN. 1701/2026
HIGH COURT OF DELHI
Date of Decision: 04.05.2026
BAIL APPLN. 1701/2026 & CRL.M.A. 13689/2026
DP @L .....Petitioner
Through: Mr. Sandeep Kumar, Advocate (through videoconferencing).
VERSUS
THE STATE (GOVT OF NCT OF DELHI) .....Respondent
Through: Mr. Sanjeev Sabharwal, APP with SI Ranjana, PS Subzi Mandi.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The accused/applicant seeks interim bail in case FIR No. 134/2025 of Police Station Subzi Mandi for offence under Section 64(2)/351(2) of BNS.

2. The name of the accused/applicant has been anonymized in order to conceal the identity of rape victim, the minor girl, who happens to be the niece of the accused/applicant. According to prosecution, the accused/applicant aged about 40 years raped his niece. The prosecutrix has supported the prosecution case in her testimony before the trial court. BAIL APPLN. 1701/2026 pages

3. The present interim bail application has been filed on general ground that the accused/applicant needs to come out on bail and take care of his family.

4. Learned counsel for accused/applicant submits that his family, consisting of his wife and three children, is facing financial crises, so the accused/applicant needs to come out on bail and sell away his land. The accused/applicant is in jail for past one year.

5. The application is completely silent about particulars of the land allegedly owned by the accused/applicant, which has to be sold away.

6. Keeping in mind the severity of offence as well as stage of the trial and generality of the ground raised for bail, I do not find it a fit case to grant interim bail. Therefore, the interim bail application and the accompanying application are dismissed.

7. Copy of this order be sent to the concerned Jail Superintendent for being informed to the accused/applicant.

GIRISH KATHPALIA (JUDGE) MAY 04, 2026