Dismissed¶¶17

Phool Hasan v. the State NCT of Delhi

Delhi HC2 Apr 2026BAIL APPLN./1184/2026

Case brief

AI extract

What is this about?

Phool Hasan; regular bail; Section 483 Bharatiya Nagarik Suraksha Sanhita 2023; FIR No. 74/2018; Police Station Geeta Colony; human trafficking IPC Sections 370, 370A, 120B; Sections 376, 328 IPC; POCSO Act 2012 Sections 4, 6, 17; Juvenile Justice Act 2015 Section 81; FSL report expert witness not examined; withdrawal of bail application; expedition of trial before Sessions Court; long incarceration; State NCT of Delhi; Vibhor Tyagi; Yudhvir Singh Chauhan; Prateek Jalan; Delhi High Court; 02.04.2026.

What did the court decide?

Application dismissed as withdrawn; liberty to request the learned Sessions Court to expedite the hearing and to approach it afresh at the appropriate stage or upon any further inordinate delay; no opinion expressed on merits and all rights and contentions left open. ¶¶17

Phool Hasan Vs the State NCT of Delhi — Child Sexual Offences (POCSO) | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant should be granted regular bail in connection with FIR No. 74/2018, Police Station Geeta Colony.

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Ratio / Principle

After some arguments, counsel for the applicant sought and obtained permission to withdraw the bail application, and the application was dismissed as withdrawn in terms of those submissions.

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Key takeaways

In view of the long period of incarceration of the applicant, the learned Sessions Court was requested to endeavour to expedite the proceedings, and it shall be open to the applicant to move the Sessions Court afresh in the event of any further inordinate delay.obiter¶¶18
The Court expressly clarified that it had expressed no opinion on the merits of any future bail application, leaving all rights and contentions of the parties open.obiter¶¶19

Detailed headnote1 paragraphs

Delhi High Court (Prateek Jalan, J., 02.04.2026), BAIL APPLN. 1184/2026 with CRL.M.A. 9017/2026: Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Phool Hasan for regular bail in FIR No. 74/2018 dated 27.02.2018, PS Geeta Colony (Sections 370, 370A, 120B IPC; subsequently, at the charge-sheet stage, Sections 376 and 328 IPC, Sections 4, 6 and 17 POCSO Act, 2012 and Section 81 JJ Act, 2015 were invoked). The APP noted that the FSL expert witness was yet to be examined. Counsel for the applicant, after some arguments, sought withdrawal with liberty to seek expedition before the Sessions Court and to apply afresh. The application was dismissed as withdrawn; the Sessions Court was requested to expedite proceedings given the applicant's long incarceration; the Court expressed no opinion on merits and left all rights and contentions open.

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 1184/2026, CRL.M.A. 9017/2026

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PHOOL HASAN .....Petitioner

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Through: Mr. Vibhor Tyagi, Mr. Rakesh Kumar Gupta, Advs.

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versus

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THE STATE NCT OF DELHI .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP SI Vishal, AHTU/Crime Branch

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R

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% 02.04.2026

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By way of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant seeks grant of regular bail in connection with FIR No. 74/2018 dated 27.02.2018, registered at Police Station Geeta Colony, under Sections 370, 370A, and 120B of the Indian Penal Code, 1860 [“IPC”]. Subsequently, at the stage of filing of the charge sheet, Sections 376 and 328 of IPC, Sections 4, 6, and 17 of the Protection of Children from Sexual Offences Act, 2012, and Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, were also invoked.

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At the outset, Mr. Yudhvir Singh Chauhan, learned Additional Public Prosecutor, submits that one of the material witnesses yet to be examined is the expert witness in relation to the Forensic Science Laboratory [“FSL”] report pertaining to the applicant.

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BAIL APPLN. 1184/2026

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Page 1 of 2

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This is a digitally signed order. 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 06/04/2026 at 12:35:02

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After some arguments, Mr. Vibhor Tyagi, learned counsel for the applicant, seeks permission to withdraw the present bail application, with liberty to request the learned Sessions Court to expedite the hearing, and without prejudice to the applicant’s right to approach the learned Sessions Court afresh at the appropriate stage.

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The present application is dismissed as withdrawn in terms of the aforesaid submissions.

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Having regard to the long period of incarceration of the applicant, the learned Sessions Court is requested to endeavour to expedite the proceedings. In the event of any further inordinate delay in the proceedings, it shall be open to the applicant to move the learned Sessions Court afresh, in accordance with law.

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It is clarified that this Court has not expressed any opinion on the merits of any application that may be filed in the future, and all rights and contentions of the parties in such applications are left open.

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PRATEEK JALAN, J

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APRIL 2, 2026 Tg/SD/

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BAIL APPLN. 1184/2026

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Page 2 of 2

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This is a digitally signed order.

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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 06/04/2026 at 12:35:02

Phool Hasan v. the State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Phool Hasan v. the State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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