Ashish Kansal Vs State NCT of Delhi & Anr. — Child Sexual Offences (POCSO) | Delhi HC (2026)

Ashish Kansal Vs State NCT of Delhi & Anr. — Child Sexual Offences (POCSO) | Delhi HC (2026)

What the court decided

AI extract

Outcome

No interim bail; application dismissed as withdrawn. Directions issued: best possible ayurvedic medical treatment by jail dispensary; appropriate physiotherapy; assistance of an attendant when the accused/applicant cannot stand; permission to use a western toilet; SHO to track trial proceedings and ensure no default/delay by prosecution; copy of order to the learned trial court with request to expedite the trial.

Issue for consideration

Whether the accused/applicant is entitled to interim bail in FIR No. 303/2024, PS Rani Bagh (offences under Sections 376/376(c)/120B/354/354(D)/328/323/506 IPC and Sections 6/10/17 POCSO Act), on medical grounds. +1 more

Court's answer

The interim bail application of the accused/applicant is dismissed as withdrawn, on instructions of learned counsel, with directions to the jail authorities.

Ratio / Principle

Directions issued: the accused/applicant shall be provided the best possible medical ayurvedic treatment by the jail dispensary; shall be administered appropriate physiotherapy; the Jail Superintendent shall ensure assistance of an attendant as and when the accused/applicant is not able to stand himself; and the accused/applicant shall be permitted to use a western toilet keeping in mind the nature of his health.

Key takeaways

The SHO is directed to keep track of the proceedings before the trial court and ensure there is no default or delay from the prosecution side; a copy of the order is to be sent to the learned trial court with the request to look into the record and expedite the trial.ratio¶17
Observation: merely because the offence with which the accused/applicant has been charged is a serious one, it does not mean that he stands already convicted and can be dumped in jail endlessly.obiter¶17

Detailed headnote1 paragraphs

Delhi High Court (Girish Kathpalia, J.), Bail Appln. 513/2026, order dated 05.02.2026: Interim bail sought by the accused in FIR No. 303/2024, PS Rani Bagh (offences under Sections 376/376(c)/120B/354/354(D)/328/323/506 IPC and Sections 6/10/17 POCSO Act) was dismissed as withdrawn on instructions of counsel, with directions that the jail dispensary provide the best possible ayurvedic medical treatment, appropriate physiotherapy be administered, an attendant assist the accused when he cannot stand, and he be permitted use of a western toilet. The Court expressed serious concern that the complete set of prosecution documents was supplied to the accused almost one year after filing of the chargesheet, directed the SHO to keep track of trial court proceedings to ensure no default or delay by the prosecution, and sent a copy of the order to the trial court with the request to expedite the trial. Observing in passing that a serious charge does not mean the accused stands already convicted and can be dumped in jail endlessly.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 513/2026

ASHISH KANSAL .....Petitioner

Through: Mr. Rajesh Anand and Mr. Pawan Kumar Yadav, Advocates

versus

STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Manisha and Inspector Parveen Kumar, PS Rani Bagh Ms. Shelly Dixit, Advocate for complainant de facto

CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 05.02.2026

The accused/applicant seeks interim bail in case FIR No. 303/2024 of PS Rani Bagh for the offence under Section 376/376(c)/120B/354/ 354(D)/328/323/506 IPC & Section 6/10/17 POCSO Act.

Broadly speaking, the interim bail application of the accused/applicant was dismissed by the learned trial court observing that no surgical intervention is required; that only conservative treatment for management of pain in back and legs is being administered; and that the Hon’ble Supreme Court had dismissed his application for extension of time to surrender.

After addressing partly, learned counsel for accused/applicant, on instructions, seeks permission to withdraw this application with the request for appropriate directions to the jail authorities as explained by him.

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 06/02/2026 at 12:19:29

As requested, the interim bail application is dismissed as withdrawn with the directions that the accused/applicant shall be provided best possible medical ayurvedic treatment by jail dispensary; that the accused/applicant shall be administered appropriate physiotherapy; that the Jail Superintendent shall ensure assistance of an attendant, as and when the accused/applicant is not able to stand himself; and that the accused/applicant shall be permitted to use western toilet keeping in mind nature of his health.

For compliance, copy of this order be immediately transmitted to the Jail Superintendent. 6. At this stage, learned counsel for accused/applicant submits that the trial is proceeding at a snail pace because despite repeated directions and adjournments, prosecution initially was not even supplying complete set of documents relied upon by them. It appears that copies of complete set of documents were supplied to the accused/applicant almost one year after filing of chargesheet. This is indeed a matter of serious concern. Merely because the offence with which the accused/applicant has been charged is a serious one, it does not mean that he stands already convicted and can be dumped in jail endlessly. Learned APP for State accompanied with SHO/Inspector Parveen Kumar assures that henceforth, there shall be not default/delay at all from the side of the prosecution. It is directed that the SHO shall keep a track of the proceedings before the trial court and ensure that there is no default. A copy of this order be also sent to the learned trial court with the request to look into the record and expedite the trial.

GIRISH KATHPALIA, J

FEBRUARY 5, 2026/as

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 06/02/2026 at 12:19:29