High CourtsSingle Bench

DP @L vs State (Govt Of Nct Of Delhi)

Delhi High Court · Decided on 4 May 2026 · Citation: (2026) 05 DEL CK 0069

HON’BLE JUDGES
Girish Kathpalia, J
ACTS & SECTIONS REFERRED
Bharatiya Nayaya Sanhita, 2023 — Section 64(2), 351(2)
RESULT
Dismissed
CASE NUMBER
Bail Application No.1701 Of 2026 & Criminal Miscellaneous Application No. 13689 Of 2026
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Judgment

8 paragraphs · 238 words

Girish Kathpalia, J

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.

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.