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High Court of DelhiBAIL APPLN./967/2025

Deva Ram v. State (NCT Of Delhi)

2025-07-11Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 967/2025 DEVA RAM .....Petitioner Through:

Ms. Madhu Sharma, Advocate.

versus STATE (NCT OF DELHI) .....Respondent Through:

Mr. Shoaib Haider, APP for the State with SI Deepak Yadav, PS Mundka.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 11.07.2025 1.

First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.')Section 439 of the Code of Criminal Procedure, 1973, has been filed on behalf of the Petitioner, Deva Ram for grant of Regular Bail in FIR No. 646/2014 under Section 302/404/411 of the Indian Penal Code, 1860, registered at Police Station Mundka.

2.

It is submitted that the Charge Sheet in the present FIR, was filed in the Court on 01.04.2015 wherein there were 39 prosecution witnesses, who are listed. The Applicant was arrested on 03.01.2015 and since then he is languishing in jail.

3.

The First Regular Bail Application was dismissed by the learned ASJ on 10.07.2024.

4.

The Bail is sought on the ground that he is languishing in jail for last more than last 10 years. The prosecution case rests on circumstantial The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

evidence and last seen evidence which has already been demolished in the cross-examination of the prosecution witnesses. All the material witnesses stand examined except the police officials and there is no possibility of tampering of the evidence or winning over the witnesses. There is no connecting evidence against the Applicant as the alleged weapon of offence i.e. parna has also not been connected to the Applicant. There is no CCTV footage to prove the presence of the Applicant at the relevant time. 5.

The Applicant has two minor children, who are completely dependent upon him since the demise of his father on 28.01.2025. It is further submitted that the wife of the Applicant is 60% handicapped. The trial is going to take a long time to be concluded. Hence, the Bail is sought. 6.

Status Report has been filed on behalf of the State today in the Court, which is taken on record. The Status Report details the investigation has been carried out, before filing the Charge-Sheet. It is further submitted that essentially all the prosecution witnesses have been recorded except the Doctor, to prove the postmortem report.

7.

Learned Prosecutor submits on instructions from the Investigating Officer that even the Statement of the Accused under Section 313 Cr.P.C., stand recorded. Learned Prosecutor further submits that since the trial is at its fag end, the Bail may not be granted.

8.

Submissions heard and the record perused.

9.

The case of the prosecution is of murder of one Rajpal, whose body was found lying in a pit, which was seven feet long and about 6 feet deep. All the prosecution witnesses already stand examined. The Applicant is in judicial custody since last ten and a half years. There is no likelihood of his tampering the witnesses.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

Considering his long incarceration and that the trial is at its fag end, the Accused is granted Regular Bail, on the following terms and conditions: a) The Petitioner/Accused shall furnish a personal bond of Rs.25,000/- and one surety of the like amount, subject to the satisfaction of the learned Trial Court.

b) The Petitioner/Accused shall appear before the Court as and when the matter is taken up for hearing;

c) The Petitioner/Accused shall provide his mobile number/changed mobile number to the IO concerned which shall be kept in working condition at all times;

d) The Petitioner/Accused shall not indulge in any criminal activity and shall not communicate or intimidate the witnesses. e) In case the Petitioner/Accused changes his residential address, the same shall be intimated to learned Trial Court and to the concerned I.O.

11.

The copy of this Order be communicated to the concerned Jail Superintendent, as well as, to the learned Trial Court. 12.

The Bail Application is accordingly disposed of. NEENA BANSAL KRISHNA, J JULY 11, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.