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

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

What the court decided

AI extract

Outcome

Permission to withdraw both bail applications; both the bail applications and the accompanying application were dismissed as withdrawn.

Issue for consideration

Whether the accused/applicants (Vivek Gupta and Ranjit Singh alias Bobby alias Bura) were entitled to regular bail in FIR No. 126/2022, PS Kalindi Kunj, for offences under Section 376/506 IPC and Section 4/6 of POCSO Act. +1 more

Ratio / Principle

On instructions, permission was granted to learned counsel (appearing through videoconferencing) to withdraw both bail applications; as requested, both the bail applications as well as the accompanying application (CRL.M.A. 5883/2025, listed with BAIL APPLN. 812/2025) were dismissed as withdrawn. No finding was made on the merits of bail.

Key takeaways

Further adjournments/passovers could not be accommodated because these bail applications, pending since November 2024, were part of 179 such old pending bail applications.obiter¶22

Detailed headnote1 paragraphs

Bail applications dismissed as withdrawn - High Court of Delhi (Girish Kathpalia, J.), 16.02.2026: Regular-bail applications in BAIL APPLN. 4337/2024 (Vivek Gupta) and BAIL APPLN. 812/2025 (Ranjit Singh alias Bobby alias Bura) with CRL.M.A. 5883/2025, arising from FIR No. 126/2022 of PS Kalindi Kunj for offences under Section 376/506 IPC and Section 4/6 of POCSO Act, were dismissed as withdrawn. After part submissions, counsel sought a passover to obtain instructions whether to press the applications, as the trial had concluded and final arguments were being advanced; the applications, pending since November 2024 and forming part of 179 old pending bail applications, could not be adjourned. At the second call (04:00 pm) none appeared; later counsel, appearing through videoconferencing, on instructions sought withdrawal of both applications since the trial had concluded, which was permitted; both applications and the accompanying application were dismissed as withdrawn. No merits of bail were decided.

$~3 & 4

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 4337/2024 VIVEK GUPTA .....Petitioner

Through: Mr. S. K. Mishra, Advocate. versus

THE STATE NCT OF DELHI .....Respondent Through: Mr. Hemant Mehla, APP for State with SI Nisha Sharma, PS Kalindi Kunj. Ms. Gayatri Nandwani, Advocate for Complainant ( through videoconferencing ).

4 + BAIL APPLN. 812/2025 & CRL.M.A. 5883/2025

RANJIT SINGH ALIAS BOBBY ALIAS BURA .....Petitioner Through: Mr. S. K. Mishra, Advocate.

versus

THE STATE NCT OF DELHI .....Respondent Through: Mr. Hemant Mehla, APP for State with SI Nisha Sharma, PS Kalindi Kung. Ms. Gayatri Nandwani, Advocate for Complainant ( through videoconferencing ).

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R % 16.02.2026

The accused/applicant seeks regular bail in case FIR No. 126/2022 of

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 17/02/2026 at 11:56:15

PS Kalindi Kunj for offence under Section 376/506 IPC and Section 4/6 of POCSO Act.

After part submissions, learned counsel for accused/applicants seeks passover to obtain instructions if these applications be pressed because the trial has concluded and final arguments are being advanced.

As requested, be awaited.

GIRISH KATHPALIA, J

FEBRUARY 16, 2026/ dr

In the first call, after part submissions, learned counsel for accused/applicants sought passover to obtain instructions if these applications have to be pressed because the trial has concluded and final arguments are being advanced. But in this second call at 04:00 pm, none appears.

These bail applications are pending since November 2024 and are part of 179 such old pending bail applications, so adjournments cannot be possible.

At this stage, learned counsel for accused/applicants appears through videoconferencing and on instructions seeks permission to withdraw both these bail applications since the trial has already concluded.

As requested, both the bail applications as well as the accompanying application are dismissed as withdrawn.

GIRISH KATHPALIA, J

FEBRUARY 16, 2026/ dr

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 17/02/2026 at 11:56:15