← Library
High Court of DelhiBAIL APPLN./513/2026

Ashish Kansal v. State NCT Of Delhi & ANR.

2026-02-05Hon'Ble Mr. Justice Girish Kathpalia2 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 513/2026 ASHISH KANSAL .....Petitioner Through:

Mr. Rajesh Anand and Mr. Pawan Kumar Yadav, Advocates versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Manisha and Inspector Parveen Kumar, PS Rani Bagh Ms. Shelly Dixit, Advocate for complainant de facto

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 05.02.2026 1.

The accused/applicant seeks interim bail in case FIR No. 303/2024 of PS Rani Bagh for the offence under Section 376/376(c)/120B/354/ 354(D)/328/323/506 IPC & Section 6/10/17 POCSO Act. 2.

Broadly speaking, the interim bail application of the accused/applicant was dismissed by the learned trial court observing that no surgical intervention is required; that only conservative treatment for management of pain in back and legs is being administered; and that the Hon'ble Supreme Court had dismissed his application for extension of time to surrender.

3.

After addressing partly, learned counsel for accused/applicant, on instructions, seeks permission to withdraw this application with the request for appropriate directions to the jail authorities as explained by him. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/02/2026 at 12:19:29

4.

As requested, the interim bail application is dismissed as withdrawn with the directions that the accused/applicant shall be provided best possible medical ayurvedic treatment by jail dispensary; that the accused/applicant shall be administered appropriate physiotherapy; that the Jail Superintendent shall ensure assistance of an attendant, as and when the accused/applicant is not able to stand himself; and that the accused/applicant shall be permitted to use western toilet keeping in mind nature of his health. 5.

For compliance, copy of this order be immediately transmitted to the Jail Superintendent.

6.

At this stage, learned counsel for accused/applicant submits that the trial is proceeding at a snail pace because despite repeated directions and adjournments, prosecution initially was not even supplying complete set of documents relied upon by them. It appears that copies of complete set of documents were supplied to the accused/applicant almost one year after filing of chargesheet. This is indeed a matter of serious concern. Merely because the offence with which the accused/applicant has been charged is a serious one, it does not mean that he stands already convicted and can be dumped in jail endlessly. Learned APP for State accompanied with SHO/Inspector Parveen Kumar assures that henceforth, there shall be not default/delay at all from the side of the prosecution.

It is directed that the SHO shall keep a track of the proceedings before the trial court and ensure that there is no default. A copy of this order be also sent to the learned trial court with the request to look into the record and expedite the trial. GIRISH KATHPALIA, J FEBRUARY 5, 2026/as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.