Md. Shahab v. The State (NCT Of Delhi)
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1169/2026 MD. SHAHAB .....Petitioner Through:
Mr. K.S. Choudhary, Advocate versus THE STATE (NCT OF DELHI) .....Respondent Through:
Mr. Yudhvir Singh Chauhan, APP for State WSI Juli Goswami, PS Jamia Nagar
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 22.04.2026 1.
Applicant seeks bail in case FIR No. 108/2025 registered at Police Station Jamia Nagar for commission of offences 137(2)/64(1)/351 of Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 363/376/506 IPC) and Section 6 of Prevention of Children from Sexual Offences, 2012. 2.
According to applicant, he has been falsely implicated in the present matter and there was never any forcible physical relationship between him and victim. He submits that even when the prosecutrix entered into witness-box and got recorded her deposition, she, herself, deposed that in July, 2024, though there was sexual relationship between them, but it was with her consent.
3.
The prosecutrix has joined the proceedings through videoconferencing. 4.
Investigating officer is present in Court and identifies her. 5.
When asked, victim stated that she would have no objection to the grant BAIL APPLN. 1169/2026 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of bail. She submits that she is not under any duress, pressure or coercion and would have no objection if the applicant is granted bail. 6.
Nominal Roll of the applicant has been received from the Jail Authorities and the applicant is found to be 25 years of age and has already spent more than a year behind the bars.
7.
There are 23 cited prosecution witnesses and so far prosecution has been able to examine only one witness. Therefore, there is no likelihood of completion of trial, in near future.
8.
Keeping in mind the age of the applicant, fact that victim has already been examined and, therefore, there is no likelihood of her being influenced or threatened in any manner whatsoever and also appreciating the fact that victim, who is now major, has no objection to the release of applicant on bail, the applicant is hereby admitted to bail on his furnishing personal bond and surety bond in a sum of Rs. 25,000/- each subject to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Judicial Magistrate First Class and following conditions:- (i) Surety would be local.
1.
(ii) Applicant shall provide his Mobile Number to the concerned investigating officer and would ensure that such Mobile Number remains active and operational, till the disposal of the aforesaid murder case.
(iii) Applicant shall not try to influence or intimidate any witness or victim or family members of victim, directly or indirectly. 9.
Applications stand disposed of accordingly.
10.
It is clarified that observations made hereinabove and reference to the deposition of prosecutrix is for limited purpose of consideration of bail plea BAIL APPLN. 1169/2026 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and shall not be taken as final expression on merits of the case. 11.
A copy of this order be sent to learned Trial Court and Jail Superintendent immediately for information and compliance. MANOJ JAIN, J APRIL 22, 2026/dr/sy BAIL APPLN. 1169/2026 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.