Amit v. Govt Of NCT Of Delhi
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2268/2025 AMIT .....Petitioner Through:
Mr. Manish Yadav, Advocate.
versus GOVT OF NCT OF DELHI .....Respondent Through:
Mr. Sunil Kumar Gautam, APP for the State with ASI Rajinder Singh.
Mr. Nikhil Pillai, DHCLSC with Mr.
A. Walia and Ms. Muskaan Garg, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 24.02.2026 1.
Applicant seeks regular bail in FIR No.1193/2023 dated 08.09.2023 under Section 306/34 IPC registered at P.S. Nihal Vihar, Delhi. 2.
Briefly stated, the case of the prosecution is to effect that on receiving information on 01.09.2023, the police team reached house in question situated at Nihal Vihar, Delhi where they learnt that a lady had committed suicide by hanging herself from ceiling fan. Her body was brought down and the post-mortem was got conducted which indicated that cause of death as asphyxia as a result of ante-mortem hanging.
3.
During investigation, the statements of the relatives of the deceased were recorded which revealed that the deceased was earlier married to one Mr. Chetan but she had left her matrimonial home and was living with Mr. BAIL APPLN. 2268/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Amit i.e. applicant herein, in a live-in relationship for last around 5 years and, from such relationship, they even had a 18 months' old son. 4.
According to prosecution's story, the applicant used to establish regular physical relations with deceased while assuring and convincing her that there would be a marriage between them.
5.
According to prosecution, during investigation, the police also came across one audio-video clip of the deceased in which she had given reasons for committing suicide and named applicant and his other relatives. It also records that applicant even stated that "fasi laga kar marja mujhe koi matlab nhi". She, in such audio-video recording, claimed that applicant and all her relative be held responsible as they had tortured her. 6.
Admittedly, the relevant and material public witnesses i.e. sister and mother of the deceased, have already entered into witness box and have been examined and discharged.
7.
Applicant is in custody since date of his arrest i.e. 16.09.2023. 8.
He, reportedly, has no other involvement of any nature whatsoever. 9.
Learned APP for the State and learned counsel for the complainant have opposed the bail submitting that the allegation against the applicant are serious in nature and he had made physical relation under false pretext of marriage and never took any step to enter into a formal wedlock. It is also claimed that that there was no financial support from his side, despite the fact that they were having a child from the abovesaid relationship. 10.
Fact, however, remains that the deceased was already married and, unless and until there was a divorce from the previous husband, there was no possibility of there being any marriage between her and applicant. 11.
During course of the arguments, learned counsel for the applicant also BAIL APPLN. 2268/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
submitted that in the month of May, 2023, during her lifetime, the deceased had filed a petition under Section 125 Cr.P.C. seeking maintenance and, though, there is abovesaid audio-video clip, it is a fit case where the applicant needs to be enlarged on bail, particularly, keeping in mind his long incarceration of around 2 1⁄2 years.
12.
Keeping in mind the overall facts, his young age and clean antecedents and the fact that since material public witnesses have been examined, there is no chance of his influencing or threatening any such witnesses, the applicant is, hereby, directed to be released on bail on his furnishing personal bond in a sum of Rs. 25,000/- with one surety of like amount, subject to the satisfaction of learned Trial Court/CJM/Duty Magistrate with the following conditions: - (i) The appellant shall not try to contact any prosecution witnesses, directly or indirectly and in particular family members of the deceased.
(ii) He would provide his Mobile Number to the concerned I.O and would ensure that such Mobile Number remains active and operational, till the disposal of the case by the learned Trial Court.
(iii) Applicant would report to concerned SHO/IO every first Sunday at 11:00 A.M. till trial is over.
(iv) Learned Trial Court would be at liberty to get the addresses of appellant and his surety verified, before accepting the bonds. In case, appellant wants to change his address, he shall give prior intimation in writing, not only to the concerned investigating officer but also to the learned Trial Court.
13.
The application stands disposed of.
BAIL APPLN. 2268/2025 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
14.
Since the material public witnesses have been examined, the learned Trial Court is also requested to give priority to the abovesaid matter and to make best efforts to dispose of the case as expeditiously as possible. Needless to say, both the sides shall render due assistance and co-operation in this regard to learned Trial Court.
15.
Nothing observed hereinabove would tantamount to final expression about the merits of the case.
MANOJ JAIN, J FEBRUARY 24, 2026/ss/pb BAIL APPLN. 2268/2025 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.