The Delhi High Court on September 16, 2025, dismissed a bail application filed by the petitioner who was charged with the rape of a woman within hospital premises. Justice Swarana Kanta Sharma denied bail to the petitioner after observing the brutality of the assault, corroborated by medical, forensic, and circumstantial evidence.
The case arose from an incident on May 1, 2023, when the victim, an employee of a Delhi hospital, was discovered grievously injured outside the emergency ward after being brutally assaulted both physically and sexually. The victim managed to inform the police official of the assailant’s name along with partial details of his mobile number. Her medical and forensic examinations recorded multiple injuries, bite marks, and severe genital and anal tears, leading to septicemia, from which she succumbed on May 7, 2023. The respondent’s investigation linked the accused through call detail records, CCTV footage placing him at the spot, and the recovery of the victim’s phone traced back to him.The petitioner’s counsel argued that he had been falsely implicated, pointing to inconsistencies between the victim’s initial statement to doctors and subsequent police records, and emphasized that he had already been in custody for over two years with trial delays.The prosecution, however, opposed bail, citing the gravity of the offence, medical evidence of sexual violence, corroborative CDR and CCTV data, and the risk of interference with witnesses, most of whom were yet to be examined.
The Court rejected the bail application, holding that the allegations disclosed a crime of unusual brutality, with medical and forensic evidence supporting the prosecution’s case. It noted that prior acquaintance between the victim and the accused could not be stretched to imply continuing consent. Relying on Neeru Yadav v. State of Uttar Pradesh (2014) 16 SCC 508, the Court observed that the principle of “bail as the rule” does not apply to cases of heinous sexual assault and murder. The Court noted the offence took place within hospital premises and raised concern over women’s safety at such workplaces. Accordingly, the bail application was dismissed, and directions were issued to the GNCTD (Government of the National Capital Territory of Delhi) and the Secretary, Department of Law, to take note of the observations made in this judgment and to ensure security measures in vulnerable hospital areas.
Appearances:
For the Petitioner : Adv Mr. Pradeep Kumar Yadav, Adv Mr. Taiyyab Khan Salmani, Adv, Ms. Anjale Patel, Adv, Mr. Deepak Yadav, Adv, Ms. Prakriti Pandey, Adv, Ms. Swapnil Singh Adv, Mr. Vishal Thakre
For the Respondent: Mr. Manoj Pant APP ( for the State)
