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Aakash vs. State Govt. of NCT of Delhi and Anr.

Bail Application · 2026:DHC:8858Decided 7 Oct 2026New Delhi Bench
BAIL APPLN. 1689/2026CNR: DLHC010187832026
Justice Mini Pushkarna

Background

Aakash, who had already been in custody for about two years, filed his fourth bail application in a case alleging he and others sexually assaulted a woman he knew, after taking her to a guest house in 2022. He had previously been declared a proclaimed offender before surrendering in 2024. Trial evidence showed the complainant had entered the guest house voluntarily, carried her phone throughout, raised no alarm, and had a prior relationship with the petitioner that both families knew of, including plans to marry.

Decision Breakdown

The Court noted that all prosecution witnesses, including the complainant and the guest house manager, had already been examined, and that a co-accused in the same FIR had already been granted bail. Given the complainant's own testimony about voluntary association with the petitioner and the completed trial evidence, the Court found the overall facts favoured bail. It granted regular bail on a personal bond of Rs. 50,000 with standard conditions (reporting to police weekly, not influencing witnesses, providing address/mobile details).

Lesson Learnt

Prolonged pre-trial custody, a complainant's own trial testimony, and the fact that evidence-gathering is complete are all weighed heavily by courts in bail decisions, even in serious offences: bail is about ensuring a fair trial, not pre-judging guilt.

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