GAYASSUDIN vs STATE OF NCT OF DELHI

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09.04.2026 + BAIL APPLN. 1087/2026 & CRL.M.A. 8189/2026 GAYASSUDIN .....Petitioner Through: Mr. Hemraj Murmu, Mr. Arun Kumar Bharti and Mr. Tanay Jareda, Advocate versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Sanjeev Sabharwal, APP for State with IO/SI Shakuntala, PS Jamia Nagar CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant seeks regular bail in case FIR No. 167/2025 of PS Jamia Nagar for offence under Section 69/123/89/79/351/115(2) of BNS and Section 6 of POCSO Act. 2. In furtherance of last order, testimony of the prosecutrix was recorded by the trial court and copy of the same has been filed by prosecution with the status report. I have heard learned counsel for accused/applicant and learned APP for State assisted by IO/SI Shakuntala. I have also heard the prosecutrix (who herself is a law student) as well as her counsel. 3. Broadly speaking, the case set up by the prosecution is that despite BAIL APPLN. 1087/2026 Page 1 of 5 pages Digitally signed by GIRISH KATHPALIA GIRISH DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec455 69af3962c6fb4835d435f97626cacca, ou=HIGH Signature Not Verified COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570 996b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Digitally Signed Date: 2026.04.09 05:11:50 -07'00' By:RAHUL YADAV Signing Date:09.04.2026 17:23:24 specific and detailed allegations of rape, followed by pregnancy and abortion, the prosecutrix after attaining the age of majority opted to get married with the accused/applicant. 3.1 The FIR was registered on the statement of the prosecutrix, alleging that at the age of 16 years, the