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Sourabh Dhawan vs. Govt of NCT of Delhi

Bail Application · 2026:DHC:7688Decided 9 Sept 2026New Delhi Bench
BAIL APPLN. 2489/2026CNR: DLHC010282312026
Justice Girish Kathpalia

Background

Amid an ongoing civil/property dispute between two brothers, the accused allegedly forced his way into his brother's house, broke down the entry gate, and sexually assaulted his 12-year-old nephew, threatening to kill the boy's parents. Two days after the FIR was registered, the accused flew to Australia; a Look Out Circular and extradition process were then initiated. He sought anticipatory bail, arguing the case was a fabricated outgrowth of the family's civil dispute and pointing to inconsistencies in the timeline.

Decision Breakdown

The Court refused anticipatory bail, holding that allegations of child sexual abuse cannot be brushed aside merely because the families were embroiled in a civil dispute. CCTV footage confirmed the accused had forcibly broken into the premises, and his own admission of breaking the door (attributing it to police inaction) did not excuse the lawlessness. His flight to Australia within two days of the FIR being lodged was found to strongly indicate a flight risk and unwillingness to face trial.

Lesson Learnt

Fleeing the country immediately after a serious criminal complaint is filed severely undermines any later bail application, regardless of whether the accused claims the case stems from an unrelated family dispute.

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