RAKESH KUMAR vs STATE (GOVT OF NCT OF DELHI)

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11.03.2026 + BAIL APPLN. 4049/2024 RAKESH KUMAR .....Petitioner Through: Mr. Sunil Rai, Advocate. versus STATE (GOVT OF NCT OF DELHI) .....Respondent Through: Mr. Nawal Kishore Jha and Mr. Sanjeev Sabharwal, APP for State with SI Shrishti. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant seeks regular bail in case FIR No. 164/2024 of PS Subhash Place for offence under Section 370/370A/376 IPC and 6/21 POCSO Act. 2. Despite last order, which repeated the earlier directions, the prosecutrix and/or her counsel have not appeared in person or even through videoconferencing. On last date, it was made clear by the predecessor bench that if the prosecutrix does not appear today and is not represented, the bail application would be taken up for hearing in her absence. As per record, for BAIL APPLN. 4049/2024 Page 1 of 4 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d4 35f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee6 Signature Not Verified 0402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.03.11 14:29:12 -07'00' Digitally Signed By:NEETU N NAIR Signing Date:11.03.2026 15:08:45 the first time this bail application was heard by the predecessor bench on 07.11.2024 and thereafter, the matter remained pending before different benches and was finally transferred to this bench along with 179 such old pending bail applications. Today is the first hearing before this bench. 3. The IO/SI Shrishti submits that she has repeatedly informed the prosecutrix about hearing of this bail application but now t