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Pratap Singh vs. State NCT of Delhi

Bail Application · 2026:DHC:9050Decided 12 Oct 2026New Delhi Bench
BAIL APPLN. 3097/2026CNR: DLHC010351762026
Justice Mini Pushkarna

Background

The petitioner was accused of entering the victim's home and attempting to rape her while her family was away; he was caught by neighbours after the victim's mother returned. Three earlier bail applications had already been rejected, with the trial ongoing and the petitioner in custody for over a year.

Decision Breakdown

The Court held that, unlike the earlier rejections, the material prosecution witnesses (the victim, her mother and brother) had since been fully examined, substantially reducing the risk of witness tampering that had justified denying bail before. It also noted cross-examination revealing that the victim's clothes were not torn and that she had declined an internal medical exam, and that the now-married victim no longer wished to pursue the case. Bail was granted with standard conditions.

Lesson Learnt

A fresh bail application can succeed even after earlier rejections if there has been a genuine, material change in circumstances, such as key witnesses finishing their testimony, since the previous refusal.

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