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DEMYSTIFYING THE NOTICE OF MOTION IN INDIA

INTRODUCTIONIn the Indian legal system, a Notice of Motion (NoM) plays a pivotal role in seeking interim or urgent relief by initiating interlocutory...
HomeHigh CourtDelhi High Court - OrdersLuv Kush @ Lula vs The State Govt Of Nct Delhi on...

Luv Kush @ Lula vs The State Govt Of Nct Delhi on 23 February, 2026

Delhi High Court – Orders

Luv Kush @ Lula vs The State Govt Of Nct Delhi on 23 February, 2026

                          $~63 & 9
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    BAIL APPLN. 749/2026
                               LUV KUSH @ LULA                               .....Petitioner
                                              Through: Mr. Abhishek Rai, Advocate.

                                                                  versus

                                    THE STATE GOVT OF NCT DELHI                 .....Respondent
                                                 Through: Ms. Priyanka Dalal, APP for the State
                                                           with SI Seema.
                          9
                          +         BAIL APPLN. 3563/2025
                                    MOHIT                                                                  .....Petitioner
                                                   Through:                           Ms. Akshiva Goswami, Advocate.

                                                                  versus

                                    STATE OF N. C. T. OF DELHI                     .....Respondent
                                                    Through: Ms. Priyanka Dalal, APP for the State
                                                              with SI Seema Bhati.


                                    CORAM:
                                    HON'BLE MR. JUSTICE MANOJ JAIN
                                                 ORDER

% 23.02.2026

1. Applicants are facing trial in a case of gang-rape arising out of FIR No.
196/2022 dated 25.04.2022, for commission of offence under Section 363
IPC, registered at P.S. Tigri, Delhi. Subsequently, in the charge-sheet,
offences under Sections 376D/342/506/366/328 IPC and Section 6 of
Protection of Children from Sexual Offences Act, 2012 (POCSO) were added.

2. According to learned counsel for applicants, several other co-accused
are already on bail and moreover, prosecutrix had, though, been earlier

BAIL APPLN. 749/2026 1
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 24/02/2026 at 20:45:07
examined in part on 05.07.2024 but thereafter, she has not appeared before
the learned Trial Court and, therefore, the trial is getting delayed,
unnecessarily.

3. However, after hearing arguments for some time, learned counsel for
the applicants, without prejudice to their rights and contentions, do not press
the present bail applications. They, however, pray that the learned Trial Court
be requested to ensure recording of the deposition of the prosecutrix, without
any further delay.

4. They also submit that in case, the prosecution, again, fails to procure
her attendance before the learned Trial Court, they may be given liberty to
approach this Court again as the accused are in custody since May, 2022.

5. In view of the above, both the abovesaid applications are disposed of as
not pressed.

6. Liberty, as prayed, is granted.

7. The next date of hearing before the learned Trial Court is stated to be
30.03.2026 and simultaneously, learned Trial Court is requested to issue
directions to ensure presence of the prosecutrix on the abovesaid date and to
record her further examination.

8. Needless to say, learned counsel for applicants would also ensure that
such witness is also duly cross-examined, once she appears before the learned
Trial Court and after her examination-in-chief is over.

9. A copy of this order be sent to concerned SHO and learned Trial Court
for information and compliance.

MANOJ JAIN, J
FEBRUARY 23, 2026/ss/sa

BAIL APPLN. 749/2026 2
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 24/02/2026 at 20:45:07



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