The Delhi High Court has cancelled the bail granted to a biological father accused of sexually abusing his minor daughter for several years. Justice Neena Bansal Krishna delivered this judgment on 16 September 2025 and said that the lower court had granted bail on completely irrelevant and misplaced arguments while the matter was extremely serious and involved grave charges under the POCSO Act.
Background
The case is related to a 16-year-old girl 'D', who accused her father Rajeev Babbar of repeated sexual abuse, harassment and physical violence. According to the petition, the abuse began when she was barely ten years old and continued for about five years. The girl said that whenever she resisted, her father would brutally beat her mother, which made her stay silent out of fear.
This entire ordeal came to light in June 2021, when she broke down during a counselling session and for the first time narrated everything. Based on this, the police registered an FIR under several IPC sections and the POCSO Act. Rajeev Babbar was arrested on 7 June 2021 but was granted bail just nine days later - which has now been cancelled by the High Court.
Court's Observations
Justice Krishna said that the lower court had, completely ignored the mental trauma and helplessness of the child and treated it merely as a marital dispute between the parents.
The bench said,
‘There cannot be anything more serious than a child being sexually abused by her own father… The gravity of the offence cannot be brushed aside by calling it a fallout of marital discord," the order stated.
The court noted that the forensic report of the seized mobile phones found obscene videos, which strengthened the girl's allegation that her father forced her to watch pornography. The court also expressed concern over the allegation that a relative of the accused, who is a senior Delhi Police officer, might have exerted influence to secure bail.
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Justice Krishna said that the bail was granted even when the investigation was not complete. The lower court's reasoning that since the family was now living separately there was no fear, was termed completely wrong. She said that fear created by a father does not disappear merely due to physical distance.
Decision
The High Court held that the trial court had completely ignored crucial aspects such as the seriousness of the charges, the vulnerable condition of the victim, and the possibility of tampering with evidence.
"Granting bail within just nine days of FIR registration, despite such serious allegations and pending investigation, was completely unjustified," Justice Krishna said.
With this, the 15 June 2021 bail order was cancelled. The court directed Rajeev Babbar to surrender before the lower court within seven days, and his bail and surety bonds were also cancelled.
With this decision, the petition filed on behalf of the minor girl was accepted, and the focus has now shifted back to the trial.
Case Title:- D.A. (Minor) Through Her Mother and Natural Guardian Mrs. Rupi Babbar vs. State (GNCT of Delhi) and Anr.
Case Number: W.P. (CRL) 1248/2021 & CRL.M.A. 14372/2021
