Sumit @ Jhandu v. State Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 3178/2025 SUMIT @ JHANDU .....Petitioner Through:

Mr.

D.K.Singh, Mr.

Sidharth Rathore and Mr. Virender Rajput, Advocates versus STATE OF NCT OF DELHI .....Respondent Through:

Ms. Manjeet Arya, APP for the State Ms. Shelly Dixit, Amicus curiae for complainant

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 17.03.2026 1.

By way of the present application, the applicant seeks regular bail in connection with FIR No. 48/2021 registered at Police Station Anand Vihar for offences punishable under Sections 377, 506, and 34 of the Indian Penal Code, 1860 ["IPC"], as well as Section 4 of the Protection of Children from Sexual Offences Act, 2012 ["POCSO"]. Subsequently, upon filing of the chargesheet, Section 174-A IPC was added and Section 4 of the POCSO Act was substituted with Section 6 thereof. 2.

I am informed by Mr. D.K. Singh, learned counsel for the applicant, and Ms. Manjeet Arya, learned Additional Public Prosecutor for the State, that the victim, aged 9 years, has already been examined; the testimony of his mother has also been recorded, while the testimony BAIL APPLN. 3178/2025 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 19/03/2026 at 12:30:01

of his father is yet to be recorded. Ms. Arya further submits that these are the only material witnesses, the remaining witnesses being formal/official in nature.

3.

In view of the aforesaid submissions, Mr. Singh seeks permission to withdraw the present bail application, without prejudice to the right of the applicant to approach the learned Sessions Court upon completion of the examination of the material witnesses or in the event of any undue delay in their examination.

4.

However, Mr. Singh submits that the mother of the victim has failed to appear on several dates of hearing. Ms. Shelly Dixit, learned Amicus Curiae for the complainant, submits that the parents of the victim shall be advised not to seek any unnecessary adjournment before the Trial Court. Ms. Arya further submits that the prosecution shall also cooperate in the expeditious recording of evidence and disposal of the proceedings before the Trial Court.

5.

The present bail application is dismissed as withdrawn, in terms of the above submissions.

6.

It is made clear that this Court has not expressed any opinion on the merits of this matter or any application that may be filed before the learned Sessions Court, which shall be considered in accordance with law.

PRATEEK JALAN, J MARCH 17, 2026 dy/SD/ BAIL APPLN. 3178/2025 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 19/03/2026 at 12:30:01