Nadeem v. The State NCT Of Delhi And ANR
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + NADEEM .....Petitioner Through:
Mr. M.A. Hussain with Mr. Ajay Kumar Singh, Advocates.
versus THE STATE NCT OF DELHI AND ANR .....Respondent Through:
Mr. Sunil Kumar Gautam, APP with SI Vandana.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 23.03.2026 1.
Applicant seeks regular bail in case FIR No. 317/2023 for commission of offences under Sections 376/506/120B/34 of the IPC registered at P.S. Mehrauli, New Delhi.
2.
The abovesaid application is pending for around one year now. 3.
Earlier, when the matter was taken up, the charges were not framed and, now, it is informed that after the framing of charges, even the victim has entered into witness box, albeit, her cross examination is yet not complete. 4.
As per the allegation, the prosecutrix, who was 18 years of age at the relevant time, came in contact of applicant herein and they remained friends for around one year. On 30.03.2023, the applicant took her to a park where he sexually assaulted and also claimed that he had prepared a video of her. He, then, asked her to come to Meerut, claiming that her video would be deleted when she went to Meerut, Shuaib (co-accused) and friend of applicant also, allegedly, sexually assaulted her.
5.
The matter was reported to the police by her on 23.06.2023. 6.
The bail is being sought for the reason that trial is going at a very slow The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
pace. It is also contended that there is inordinate delay in lodging the FIR, which is, totally, unexplained. It is stressed that the accused is innocent and has been falsely implicated. Learned counsel for applicant submits that the applicant was, hardly, 19 years of age at the time of his arrest. 7.
He submits that, even otherwise, his co-accused Shuaib, who had also, allegedly, committed sexual assault upon the prosecutrix herein, has already been enlarged on bail by the learned Coordinate Bench of this Court vide order dated 27.02.2025 passed in BAIL APPLN. 1297/2024. The Court has gone through such order dated 27.02.2025 whereby the co-accused was enlarged on bail and learned Coordinate Bench, while granting him bail, specifically observed that there was no satisfactory explanation for the delay in the registration of FIR.
8.
There is no representation from the side of respondent No.2 i.e. prosecutrix, despite the fact that the matter was passed over. 9.
Learned counsel for applicant submits that the applicant has no bad antecedents.
10.
Keeping in mind the overall facts and the period of incarceration of the applicant who is in custody since 23.06.2023, albeit, without expressing any opinion over the merits of the case, the applicant, herein, is admitted to bail on his furnishing personal bond in a sum of Rs. 20,000/- with one surety of like amount, subject to the satisfaction of learned Trial Court/CJM/Duty Magistrate and also subject to the following conditions:- I. The applicant shall not leave the country without permission of the learned Trial Court and if the applicant has any passport, he shall surrender the same to the concerned trial court. II. The applicant would provide his Mobile Number to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
concerned I.O and would ensure that such Mobile Number remains active and operational, till the disposal of the case by the learned Trial Court.
III. The applicant shall not indulge in any act or omission that is unlawful, illegal or that would prejudice the proceedings of ongoing trial.
IV. The applicant shall appear before the learned Trial Court on each and every date of hearing, unless exempted.
V. The applicant shall not communicate with, or come into contact with the prosecutrix or any of the prosecution witnesses, or tamper with the evidence of the case.
11.
Nothing stated hereinabove shall tantamount to an expression of opinion on the merits of the case.
12.
The application stands disposed of.
13.
A copy of this order be sent to the concerned Court and also to the Jail Superintendent for necessary information and compliance. MANOJ JAIN, J MARCH 23, 2026/sw/pb The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.