ASHRAF vs STATE OF NCT OF DELHI AND ANR.

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06.02.2026 + BAIL APPLN. 543/2026 & CRL.M.(BAIL) 261/2026 ASHRAF .....Petitioner Through: Mr. Harshith Pottangi and Mr. Priyam Kaushik, Advocates versus STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Reena and SI Ekta, PS Dwarka CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant seeks regular bail in case FIR No. 125/2023 of Police Station Dwarka, Sector-23 for offence under Section 323/341 IPC & Section 6/10 POCSO Act. 2. Broadly speaking, allegation against the accused/applicant is as follows. The FIR was registered on the statement of mother of the child victim. According to the version given by two children of the first informant, the accused/applicant used to forcibly take both children to his BAIL APPLN. 543/2026 Page 1 of 4 pages Digitally signed by GIRISH KATHPALIA GIRISH DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45 569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, Signature Not Verified serialNumber=d3e86796451ec45c07b5d1557 0996b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.02.06 17:50:37 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:06.02.2026 17:52:26 home while they would be going for tuition. Once at his home, the accused/applicant used to carry the female child in his lap and used to force the male child to give him oral sex. After the act, the accused/applicant used to give them at times Rs.4-5/- and threatened them not to disclose it to anyone. 3. Learned counsel for accused/applicant refers to the testimony of PW4, the first informant, who has not supported the prosecution case in her c