Delhi High Court
BAIL APPLN./2512/2026 of ASIYA @ RIYA Vs STATE OF NCT OF DELHI & ANR. on 17 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010283632026 + BAIL APPLN. 2512/2026 ASIYA @ RIYA .....Petitioner Through: Mr. Ishpreet Singh, Ms. Saarah Khan, Ms. Arushi Drall and Mr. Sumit Sharma, Advs. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Manoj Pant, APP with Mr.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010283632026
+
BAIL APPLN. 2512/2026
ASIYA @ RIYA
.....Petitioner
Through:
Mr. Ishpreet Singh, Ms. Saarah Khan,
Ms. Arushi Drall and Mr. Sumit
Sharma, Advs.
versus
STATE OF NCT OF DELHI & ANR.
.....Respondents
Through:
Mr. Manoj Pant, APP with Mr. Varun
Kumar, Ms. Suman and Ms. Priyanka
Tyagi, Advs.
SI Isha, PS Prem Nagar.
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN
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O R D E R
% 17.09.2026
1. This hearing has been conducted through hybrid mode.
2. The present application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), on behalf of the applicant/petitioner seeking grant of regular bail in pursuance of FIR No. 231/2023 for the offence punishable under Section 363 of the Indian Penal Code (hereinafter referred to as ‘IPC’), registered at P.S. Prem Nagar, Delhi.
3. Learned counsel for the petitioner submits that the petitioner is the sister-in-law of the main accused and that the allegations against her are under Sections 17 and 21 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’).
4. Learned counsel for the petitioner further submits that none of the ingredients of these Sections are established against the present accused. As per the case of the prosecutrix, she was going somewhere when two of the boys standing nearby teased her, and the main accused saved her from those boys.
5. Thereafter, the prosecutrix submits that the main accused took her to his house, where he confined her and performed a forced marriage-like act by applying sindoor forcefully and also committed rape upon her.
6. The present petitioner is the sister-in-law of the main accused, who was residing in the same house. She was arrested only after the supplementary charge-sheet was filed and has been in judicial custody for more than one year.
7. Learned APP for the State submits that the allegations against the present petitioner are quite heinous, as she not only abetted the rape of the prosecutrix but also confined her by locking her in the room where the main accused committed rape upon her. The present accused is the facilitator of the crime, and, keeping in view the allegations against her, no ground is made out.
8. Heard both the parties.
9. The allegations against the petitioner are that she is the sister-in-law of the main accused, who forcefully performed a marriage-like act with the prosecutrix and also committed rape upon her, as per the version of the prosecutrix herself. After 23 days, the victim asked the main accused that she wanted to meet her mother, and thereafter, she went to her maternal home. Thereafter, she lodged the present complaint. The role attributed to the petitioner is that she is the sister-in-law of the main accused.
10. She has been in judicial custody for the last one year.
11. Keeping in view the facts and circumstances and the fact that she is a woman.
12. In view thereof, the present application is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount, to the satisfaction of the learned Trial Court/Link Court, further subject to the following conditions:
i. The applicant shall not leave India without prior permission of the learned Trial Court.
ii. The applicant shall intimate the learned Trial Court, by way of an affidavit, and the Investigating Officer regarding any change in her residential address.
iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing.
iv. The applicant is directed to provide her mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with the evidence or try to influence the witness in any manner.
13. The application is allowed and disposed of accordingly.
14. Any pending application(s), if any, also stand disposed of.
15. Needless to state, nothing mentioned hereinabove shall be construed as an opinion on the merits of the case, and any observations made herein are only for the purpose of the present bail application.
16. A copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.
17. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 17, 2026/JYH/yt