Abhay Kumar v. State Of NCT Of Delhi
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1213/2026 & CRL.M.(BAIL) 637/2026 ABHAY KUMAR .....Petitioner Through:
Mr. Sharvan, Mr. Rajnish Pratap, Ms.
Pooja Singh and Mr. Hargun Singh Kalra, Advocates versus STATE OF NCT OF DELHI .....Respondent Through:
Mr. Raj Kumar, APP for State with SI Seema, PS Dwarka, Sector-23
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 21.04.2026 1.
Applicant seeks anticipatory bail in case FIR No. 0227/2025 dated 07.09.2025 registered at Police Station Sector-23 Dwarka for commission of offence under Sections 137(2) of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 363 IPC).
2.
The aforesaid FIR was lodged by sister of prosecutrix who reported that her sister had been enticed away by some unknown person on 06.09.2025.
3.
Prosecutrix aged 16 years was recovered from Gorakh Pur, UP and her statement under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 164 Cr.P.C.) has already been recorded. In such statement, she claimed that she had been called by her school teacher Akshay Kumar (brother of accused) at Gorakh Pur and she herself went to Lucknow all alone and at Lucknow, applicant Abhay Kumar (brother of Akashay) met BAIL APPLN. 1213/2026 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
her and then they both came to Gorakh Pur. At Gorakh Pur, she met Akshay Kumar, who touched her inappropriately (bad touch kiya). There is no other allegation against applicant or his brother and when asked, learned Addl. P.P. for State informed that prosecutrix refused to undergo any medical examination.
4.
As far as accused Akshay is concerned, he has, reportedly, been arrested already and is now in judicial custody. 5.
Even as per statement made by the prosecutrix under Section 183 BNSS, she had left Delhi all by herself and had met applicant at Lucknow and from Lucknow, they both had gone to Gorakh Pur. 6.
Admittedly, prosecutrix is minor, her date of birth being 29.07.2009. 7.
Applicant has no previous antecedents of any nature and is, reportedly, in the profession of journalism and working as city reporter in a news agency for last three years.
8.
Keeping in mind the overall facts and circumstances of the case and the nature of limited allegation appearing against the applicant and the fact that his real brother has already been arrested, applicant is permitted to join the investigation. He would assist the investigating agency, as and when so directed. In the event of his arrest, he be released on bail on his furnishing personal bond and surety bond in a sum of Rs. 20,000/- each subject to the satisfaction of concerned SHO/IO/arresting officer. 9.
Applications stand disposed of accordingly.
MANOJ JAIN, J APRIL 21, 2026/dr/sy BAIL APPLN. 1213/2026 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.