Disposed¶31

Rajesh Gupta v. the State of NCT Delhi & Anr.

Anticipatory bail – interim protection made absolute

Delhi HC11 Feb 2026BAIL APPLN./2964/2024

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Case brief

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What is this about?

Anticipatory bail Delhi High Court; interim protection made absolute; FIR No. 196/2024 PS South Rohini; Sections 376(2)n/506 IPC; Section 6 POCSO Act 2012; prosecutrix no objection; engagement/marriage broken off; Section 164 CrPC statement; mobile sent to FSL; no coercive steps; supplementary charge-sheet; co-accused Beena Gupta, Atul Anand, Smt. Sudesh; bail on personal bond and surety bond Rs. 25,000 each; applicants joined investigation; age of prosecutrix left to Trial Court; Justice Manoj Jain; order dated 11.02.2026.

What did the court decide?

Interim orders made absolute; applicants to continue to assist the investigation; in the event of arrest, release on bail on furnishing personal bond and surety bond of Rs. 25,000/- each. ¶31

Rajesh Gupta Vs the State of NCT Delhi & Anr. — Child Sexual Offences (POCSO) | Delhi HC (2026)

What the court decided

AI extract

Outcome

Interim orders made absolute; applicants to continue to assist the investigation; in the event of arrest, release on bail on furnishing personal bond and surety bond of Rs. 25,000/- each.

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Issue for consideration

Whether the three applicants (Vivek Shokeen, Rajesh Gupta and Sandeep) are entitled to anticipatory bail in FIR No. 196/2024, P.S. South Rohini. +1 more

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Court's answer

The interim orders granting protection to the applicants were made absolute.

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Ratio / Principle

The applicants are directed to continue to assist the investigation, and in the event of their arrest the arresting officer would release them on bail on their furnishing personal bond and surety bond of Rs. 25,000/- each.

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Key takeaways

The order was passed without expressing any opinion on the merits of the case.obiter¶27
The question of the prosecutrix's age/minority was left open, to be appropriately considered by the learned Trial Court.obiter¶24

Detailed headnote1 paragraphs

Anticipatory bail – interim protection made absolute – Delhi High Court (Manoj Jain, J.) disposed of three anticipatory bail applications (BAIL APPLN. 2882/2024, 2964/2024, 3016/2024) by Vivek Shokeen, Rajesh Gupta and Sandeep arising from FIR No. 196/2024 dated 05.06.2024, P.S. South Rohini, under Sections 376(2)n/506 IPC and Section 6 of the POCSO Act, 2012. All three applicants had already joined the investigation and enjoyed interim protection (since 14.08.2024, 21.08.2024 and 27.08.2024 respectively); the charge-sheet stood filed against three co-accused (Beena Gupta, Atul Anand, Sudesh) and the investigation qua the applicants was nearly complete. The prosecutrix, present in Court with her mother and counsel, raised no objection to the interim relief being made absolute. The Court, without expressing any opinion on the merits, made the interim orders absolute, directing the applicants to continue assisting the investigation and providing that, upon arrest, they be released on bail on furnishing personal and surety bonds of Rs. 25,000/- each. The question of the prosecutrix's minority (age uncertainty flagged by the Amicus Curiae) was expressly left to the learned Trial Court.

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IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2882/2024 SH. VIVEK SHOKEEN .....Petitioner Through: Mr. Sunil Dalal, Sr. Advocate with Mr. Bharat Bhushan, Mr. Ankit Rana, Ms. Shipra Bali, Mr. Bharat Khurana, Mr. Sarthak Malhotra, Advocates. versus STATE OF NCT OF DELHI & ANR. .....Respondent Through: Mr. Sunil Kumar Gautam, APP with Insp. Kishore. Ms. Drishti Patel, Advocate for Prosecutrix. Ms. Harpreet Kalsi- Ld. Amicus. 3 + BAIL APPLN. 2964/2024 RAJESH GUPTA .....Petitioner Through: Mr. Sunil Dalal, Sr. Advocate with Mr. Bharat Bhushan, Mr. Ankit Rana, Ms. Shipra Bali, Mr. Bharat Khurana, Mr. Sarthak Malhotra, Advocates versus THE STATE OF NCT DELHI & ANR .....Respondent Through: Mr. Sunil Kumar Gautam, APP with Insp. Kishore. Ms. Drishti Patel, Advocate for Prosecutrix. Ms. Harpreet Kalsi- Ld. Amicus. + BAIL APPLN. 3016/2024 SANDEEP .....Petitioner Through: Mr. Bharat Bhushan, Ms. Riya Jha, Advocates versus STATE NCT OF DELHI & ANR. .....Respondent

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BAIL APPLN. 2882/2024 & connected matters

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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 13/02/2026 at 10:13:04

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Through: Mr. Sunil Kumar Gautam, APP with Insp. Kishore.

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Ms. Drishti Patel, Advocate for Prosecutrix.

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Ms. Harpreet Kalsi- Ld. Amicus.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ JAIN

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O R D E R

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% 11.02.2026

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The present bail applications have been filed by the applicants seeking anticipatory bail in FIR No. 196/2024 dated 05.06.2024, under Sections 376(2)n/506 IPC and Section 6 of Protection of Children from Sexual Offences Act (POCSO Act), 2012, registered at P.S. South Rohini.

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When the anticipatory bail application of applicant-Vivek Shokeen (BAIL APPLN. 2882/2024) was taken up by the learned Predecessor Bench on 14.08.2024, it was apprised that the applicant had joined the investigation when the anticipatory bail application was pending before the Court of Sessions and, he always cooperated with the Investigating Agency. It was also apprised by learned Senior Counsel for the applicant on that day that the applicant and prosecutrix were engaged but their marriage could not be performed and reference was also made to her statement made under Section 164 Cr.P.C., wherein she had deposed that it was on account of pressure from her paternal aunt that the marriage, eventually, broke off.

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The mobile device of the abovesaid applicant was taken into possession by the investigating agency and was, reportedly, sent to FSL for requisite analysis and keeping in mind the abovesaid factual aspects, there was a direction by this Court that no coercive step be taken against the applicant.

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BAIL APPLN. 2882/2024 & connected matters

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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 13/02/2026 at 10:13:04

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Such interim protection continues till date and, it is apprised that he has already joined the investigation.

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Similarly, the other two applicants i.e. Rajesh Gupta and Sandeep have also been granted interim protection on 21.08.2024 and 27.08.2024, respectively.

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Learned APP for the State, on instructions from the IO, submits that the applicants have cooperated during the investigation.

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Learned APP for the State submits that the charge-sheet has already been filed against three other accused persons i.e. Ms. Beena Gupta, Mr. Atul Anand and Smt. Sudesh, and the investigation with respect to present three applicants is almost complete and supplementary charge-sheet is likely to be filed, shortly.

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Learned Amicus Curiae submits that there was some uncertainty with respect to the age of the prosecutrix and according to her, as per the documents, she was minor at the relevant time. Fact, however, remains that such aspect can always be, appropriately, considered by the learned Trial Court.

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The prosecutrix is present with her mother and with her counsel-Ms. Ms. Drishti Patel.

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Learned counsel for prosecutrix also submits that the prosecutrix would have no objection if the interim relief is made absolute. When asked, even prosecutrix reiterated the same.

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Keeping in mind the overall facts of the case, albeit , without expressing any opinion with respect to the merits of the case as such and also appreciating the fact that all the applicants have already assisted the Investigating Agency and joined the investigation as and when so directed

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BAIL APPLN. 2882/2024 & connected matters

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and also the fact that the charge-sheet with respect to their three co-accused has already been filed and the investigation qua them is also over, the interim order(s) are made absolute. The applications are disposed of with the direction to applicants to continue to assist the investigation and in event of their arrest, the arresting officer would release them on bail on their furnishing personal bond and surety bond in a sum of Rs. 25,000/- each. 12. The applications stand disposed of in aforesaid terms.

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MANOJ JAIN, J

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FEBRUARY 11, 2026/ sw/sa

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BAIL APPLN. 2882/2024 & connected matters

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Rajesh Gupta v. the State of NCT Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Rajesh Gupta v. the State of NCT Delhi & Anr.

Case brief

What is this about?

What did the court decide?

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