Mukhtyar Hussain v. State (Govt Of NCT Of Delhi)

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 468/2026 & CRL.M.A.3531/2026 & CRL.M.A. 3532/2026 & CRL.M.A. 3533/2026 MUKHTYAR HUSSAIN .....Petitioner Through:

Mr. Arhum Sayeed with Mr. Alizaah Rais, Mr. Rahil and Mr. Jeeshan, Advocates.

versus STATE (GOVT OF NCT OF DELHI) .....Respondent Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Sachin Kumar, PS Amar Colony.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 03.02.2026 1.

Applicant seeks regular bail in FIR No. 490/2023 dated 24.11.2023, under Section 376AB of IPC, 1860 and Section 6 of Protection of Children from Sexual Offences Act (POCSO), 2012, registered at P.S. Amar Colony. 2.

The applicant was arrested on 24.11.2023 and is in incarceration since then.

3.

Charges have already been framed. The victim has, reportedly, already been examined.

4.

Learned Addl. P.P. for the State appears on advance notice and, on instructions, informs that the prosecution had relied upon the statements of 10 witnesses, however, during the pendency of the abovesaid case, six witnesses have been dropped and out of four witnesses, two witnesses have already BAIL APPLN. 468/2026 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 05/02/2026 at 11:50:38

been examined.

5.

After hearing arguments for some time, learned counsel for the applicant, without prejudice to his rights and contentions, submits that he would not press the present bail application if a request is sent to the learned Trial Court to expedite the recording of remaining two witnesses. 6.

Learned Addl. P.P. for the State submits that there would not be any delay or in action on their part and they would also ensure that the remaining two witnesses are also examined as expeditiously as possible. 7.

In view of the above, the present bail application is disposed of as not pressed.

8.

All rights and contentions of the parties are left open. 9.

Learned Trial Court is also requested to expedite the recording of the testimony of the remaining two witnesses and consequent disposal of the entire case.

10.

Pending applications also stand disposed of.

MANOJ JAIN, J FEBRUARY 3, 2026 st/sa BAIL APPLN. 468/2026 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 05/02/2026 at 11:50:38