Delhi High Court
BAIL APPLN./1406/2026 of HARPREET SINGH ALIAS SHANKY Vs STATE OF NCT OF DELHI AND ANR on 15 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010147052026 + BAIL APPLN. 1406/2026 & CRL.M.A. 11125/2026 HARPREET SINGH ALIAS SHANKY .....Petitioner Through: Mr. Harmeet Singh, Adv. versus STATE OF NCT OF DELHI AND ANR ....Respondents Through: Mr. Manoj Pant, APP for State. WSI Neetu Bist and
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IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010147052026
+
BAIL APPLN. 1406/2026 & CRL.M.A. 11125/2026
HARPREET SINGH ALIAS SHANKY
.....Petitioner
Through:
Mr. Harmeet Singh, Adv.
versus
STATE OF NCT OF DELHI AND ANR
....Respondents
Through:
Mr. Manoj Pant, APP for State.
WSI Neetu Bist and ASI Pawan
Kumar, P.S. Paschim Vihar.
Ms. Gayatri Nandwani, Mr. Mudit
Sharda and Mr. Adrian Abbi, Advs.
CORAM:
HON’BLE MS. JUSTICE MADHU JAIN
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O R D E R
% 15.09.2026
1. This hearing has been done 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”), seeking regular bail in FIR No. 102/2024, registered at Police Station Paschim Vihar East, initially under Section 363 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”). Subsequently, the charge-sheet was filed for offences punishable under Sections 368, 354B, 376D, 328, 342 and 84 of the IPC, along with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”).
3. Learned counsel for the petitioner submits that the petitioner has been in judicial custody for more than two years. He further submits that the victim has already been examined before the learned Trial Court and, during the course of her deposition, she has not supported the case of the prosecution.
4. Learned APP admits the aforesaid position and submits that the role attributed to the present petitioner is that of having stood outside the room where the main accused allegedly committed rape upon the victim.
5. This court has heard the parties.
6. Since all the public witnesses have been examined and the victim has not supported the case of the prosecution, and further considering that the petitioner has been in judicial custody for more than two years, this Court is of the view that the petitioner is entitled to the relief sought.
7. In view thereof, the present application is allowed. The applicant is directed to be released on bail, on his furnishing a personal bond of Rs. 25,000/- with one surety of like amount, to the satisfaction of the learned Trial Court/Link Court, further subject to 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 to the Investigating Officer regarding any change in 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 give his mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.
8. The application is allowed and disposed of accordingly. Pending application(s), if any, also stand disposed of.
9. Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application.
10. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.
11. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 15, 2026/prg/rm