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Suraj Gupta vs. State of Delhi & Anr.

Bail Application · 2026:DHC:7743Decided 10 Sept 2026New Delhi Bench
BAIL APPLN. 3794/2026CNR: DLHC010430032026
Justice Girish Kathpalia

Background

The applicant, accused of molesting a 13-year-old girl after entering her home at night, had been in jail since March 2024 on charges under the POCSO Act and related IPC sections. His earlier bail application had been withdrawn with liberty to reapply after the complainant/victim's testimony was recorded, but the complainant and prosecutrix repeatedly failed to appear in court for that testimony over several months.

Decision Breakdown

Given that the applicant had already served more than half of the maximum possible sentence in custody, and the prosecution witnesses had repeatedly failed to show up to testify (delaying the trial through no fault of the applicant), the State did not seriously oppose bail. The Court granted regular bail on a personal bond of Rs. 10,000 with one surety.

Lesson Learnt

Prolonged pre-trial detention combined with repeated, unexplained absence of prosecution witnesses can itself become grounds for bail, even in serious cases: the right to a timely trial matters.

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