Delhi High Court - Orders
Ashish Alias Vicky vs State Govt. Of Nct Of Delhi And Ors on 30 May, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2160/2025, CRL.M.A. 17546-17547/2025
ASHISH ALIAS VICKY .....Petitioner
Through: Mr. Digant Mishra, Mr. Ujjwal
Bhardwaj, Mr. Yashwardhan Singh,
Ms. Zainali Siddiqui, Ms. Kashmira
Lambat and Ms. Akshara Sharma,
Advocates.
versus
STATE GOVT. OF NCT OF DELHI AND ORS. .....Respondents
Through: Mr. Mukesh Kumar, APP for State
with Ms. Nisha, SI, PS-Vasant Vihar.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 30.05.2025 CRL.M.A. 17545/2025 (for exemption)
1. Exemption is granted, subject to all just exceptions.
2. The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of.
BAIL APPLN. 2160/20254. This is the second bail application filed by the Applicant seeking grant of regular bail in the proceedings arising from FIR No. 98/2014, registered at P.S. Vasant Vihar for the offences under Sections 363/366A/376(2)(i)/342/509/323 of the Indian Penal Code, 1860,1 Section 3 1 "IPC"
BAIL APPLN. 2160/2025 Page 1 of 5This 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 28/06/2025 at 00:13:35 of the Schedule Castes and Scheduled Tribes (Prevention from Atrocities) Act, 19892 and Section 4 of the Protection of Children from Sexual Offences Act, 2012.3
5. Issue notice. Mr. Mukesh Kumar, APP for State, accepts notice.
6. On an earlier occasion, when the Applicant had approached this Court seeking regular bail [BAIL APPLN. 2253/2023], this Court, by order dated 21st August, 2023, issued the following directions:
"1. Learned counsel for the petitioner does not wish to press the present applications at this stage while seeking a direction that the trial be completed in an expeditious manner.
2. Considering the fact that the FIR in the present case was registered in the year 2014 and the chargesheet was filed on 26th February, 2014, and that the petitioner has been in custody for almost a period of nine years, the Trial Court is directed to expeditiously conclude the trial in the present case, preferably within a period of three months from today.
3. In view thereof, the present applications are disposed of as not pressed while giving liberty to the petitioner to file a fresh application in the event the trial is not concluded within a period of four months."
7. Despite the aforesaid order, the Trial Court has not concluded the trial. Counsel for the Applicant emphasizes that the trial proceedings were concluded as early as in 2017, yet the matter has remained pending, and no final decision has been rendered till date. He points out that the matter has been listed before the Trial Court on approximately thirty occasions post conclusion of evidence, without any effective outcome. In these circumstances, the continued incarceration of the Applicant for an unduly prolonged period amounts to punitive detention.
8. Counsel for the Applicant highlights that the Applicant has remained in custody for a period exceeding 11 years. While the nominal roll is not 2 "SC ST Act"
3"POCSO Act"BAIL APPLN. 2160/2025 Page 2 of 5
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 28/06/2025 at 00:13:35 presently on record, reliance is placed on an order of the Trial Court dated 5th June, 2024, which records that as on 3rd June, 2024, the Applicant had undergone 9 years, 7 months, and 18 days of incarceration. It is, therefore, evident that as on date, the Applicant has been in custody for over 11 years. In view of the foregoing, counsel for the Applicant contends that the prolonged and inordinate period of incarceration, coupled with the excessive delay in conclusion of the trial, must weigh significantly in favour of granting bail to the Applicant.
9. Furthermore, counsel for the Applicant submits that although the Applicant has been charged under the POCSO Act, the age of the Prosecutrix at the time of the alleged incident remains uncertain and highly doubtful. It is contended that, till date, the Prosecution has not produced any reliable or conclusive material to accurately establish that the Prosecutrix was a minor at the time of the alleged incident. The only document relied upon is an entry in the school register, which, is not sufficient to determine the age of the Prosecutrix. It is pointed out that a bone ossification test, conducted on 22nd February, 2021, pursuant to directions of the Court, assessed the Prosecutrix's age to be between 25 to 40 years as on that date. Thus, the lack of certainty regarding the Prosecutrix's age undermines the applicability of the provisions of POCSO to the present case.
10. The Court has considered the submissions advanced by counsel for the Applicant. It is evident that the directions issued by this Court for the expeditious conclusion of the trial have not been complied with. Consequently, the Applicant has remained in custody for an extended period of 11 years, without any adjudication on his conviction or acquittal. In light of the foregoing, having regard to the Applicant's prolonged incarceration, BAIL APPLN. 2160/2025 Page 3 of 5 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 28/06/2025 at 00:13:35 the uncertainty surrounding the timeline for conclusion of the trial, and the doubt regarding the Prosecutrix's age at the time of the alleged incident, the Court is of the opinion that the Applicant is entitled to be released on interim bail until the next date of hearing.
11. Accordingly, the Applicant is directed to be released on interim bail, on furnishing a bail bond for a sum of INR 25,000/- with one surety of the like amount, subject to the satisfaction of the concerned Trial Court/ Duty MM on the following conditions:
(a) The Application shall not visit or reside within 3 km of the vicinity of the Prosecutrix;
(b) The Applicant shall not contact the Prosecutrix or any of her family members;
(c) The Applicant shall, under no circumstance, leave the NCT of Delhi, without permission of the Trial Court, during the period of his release on interim bail;
(d) The Applicant shall, during the period of his release, provide the address where he would be residing, and shall not change the address without informing the concerned IO/ SHO;
(e) The Applicant shall, upon his release, give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times;
(f) The Applicant shall not commit any offence during the period of his release on interim bail.
12. In the event of there being any FIR/DD entry/complaint lodged against the Applicant, it would be open to the State to seek redressal by filing an application seeking cancellation of bail.
13. It is clarified that any observations made in the present order are for BAIL APPLN. 2160/2025 Page 4 of 5 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 28/06/2025 at 00:13:35 the purpose of deciding the present bail application and should not influence the outcome of the trial and shall also not be taken as an expression of opinion on the merits of the case.
14. Let status report be filed before the next date of hearing.
15. Nominal Roll be also requisitioned from the concerned Jail Superintendent before the next date of hearing.
16. The Trial Court is hereby directed to furnish a detailed report, outlining the reasons for the failure to conclude the trial despite the specific directions issued by this Court.
17. List on 21st July, 2025.
SANJEEV NARULA, J MAY 30, 2025 nk BAIL APPLN. 2160/2025 Page 5 of 5 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 28/06/2025 at 00:13:35