Dismissed¶18

Ashwani Nain v. the State (Government of NCT of Delhi) and Anr.

Delhi HC22 Apr 2026BAIL APPLN./1566/2026

Case brief

AI extract

What is this about?

Anticipatory bail; section 482 BNSS 2023; sections 65(1)/351(3) BNS 2023; section 6 POCSO Act 2012; FIR No. 45/2026 dated 12.02.2026; P.S. G.T.B. Enclave Delhi; prosecutrix aged about 15; petitioner aged about 25-26; prosecutrix impleaded as respondent No.2 deleted from cause title; Saleem vs. State of NCT of Delhi and Anr 2023:DHC:2622; petitioner not yet joined investigation; bail refused; petition dismissed; Ashwani Nain; Delhi High Court; Justice Anup Jairam Bhambhani; 22.04.2026.

What did the court decide?

The impleadment of the prosecutrix as respondent No.2 is un-called-for; following what this court observed in Saleem vs. State of NCT of Delhi and Anr, respondent No.2 is deleted from the array of party-respondents. ¶16

Ashwani Nain Vs the State (Government of NCT of… — Child Sexual Offences (POCSO) | Delhi HC (2026)

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$~55

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 1566/2026 ASHWANI NAIN .....Petitioner Through: Mr. Satish Tamta, Senior Advocate with Ms. Nisha Narayanan, Mr. Vikramaditya Bhaskar, Ms. Sonika Rathore and Mr. Anuj Tomar, Advocates. versus

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THE STATE (GOVERNMENT OF NCT OF DELHI) AND ANR .....Respondents Through: Mr. Shoaib Haider, APP for the State. SI Santosh Sirohi, P.S.: GTB Enclave, Delhi.

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CORAM:

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HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 22.04.2026

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CRL.M.A. 12493/2026 (exemption)

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Exemption granted, subject to just exceptions.

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The application stands disposed of.

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BAIL APPLN. 1566/2026

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By way of the present petition filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks anticipatory bail in case FIR No. 45/2026 dated 12.02.2026 registered under sections 65(1)/351(3) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) and section 6 of the Protection of Children from Sexual Offences Act, 2012 ‘(POCSO Act’) at P.S.: G.T.B. Enclave, Delhi.

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BAIL APPLN. 1566/2026 Page 1 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 27/04/2026 at 11:21:05

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It is noticed that the prosecutrix has been impleaded as partyrespondent No.2 in the matter. This is un-called for.

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In light of what has been observed by this court in Saleem vs. State of NCT of Delhi and Anr¹ , respondent No.2 is deleted from the array of partyrespondents.

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The allegation in the FIR is that the petitioner, who at the relevant time was about 25-26 years of age, has committed offences under section65(1)/351(3) of BNS and section 6 of the POCSO Act against the prosecutrix, who was about 15 years old at that time.

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Considering the allegations and the fact that the petitioner has not yet joined investigation, this court is not inclined to allow the present petition; which is accordingly dismissed.

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Petition stands disposed-of.

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Pending applications, if any, also stand disposed-of.

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ANUP JAIRAM BHAMBHANI, J

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APRIL 22, 2026/ ak

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1 2023:DHC:2622

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BAIL APPLN. 1566/2026 Page 2 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 27/04/2026 at 11:21:05

Ashwani Nain v. the State (Government of NCT of Delhi) and Anr.

Case brief

What is this about?

What did the court decide?

Ashwani Nain v. the State (Government of NCT of Delhi) and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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