← Library
High Court of DelhiBAIL APPLN./3067/2025

Laxmi v. State (Govt. Of NCT Of Delhi)

2025-10-29Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3067/2025 LAXMI .....Petitioner Through:

Mr.

L.S.

Chaudhary, Dr.

Ajay Chaudhary, Ms. Vinita, Advocates (M:9717155565) versus STATE (GOVT. OF NCT OF DELHI) .....Respondent Through:

Ms. Manjit Arya, APP for State with Inspector Minty Singh PS SP Badli, Delhi

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 29.10.2025 1.

By way of present bail application, the applicant, accused of offence punishable under Section 302 IPC in case arising out of FIR No. 665/2019 registered at P.S. Samaipur Badli, Delhi, is seeking regular bail. 2.

Learned counsel for the applicant contends that the applicant is in custody since 11.09.2019 and has been accused of committing the murder of one Sonu (her husband) in connivance with co-accused - Sagar Sood @ Balwa. It is further submitted that though the prosecution has alleged that the applicant was having an affair with the co-accused, however besides the disclosure statement, there is no other material to the aforesaid effect has been placed on record. He states that though the prosecution has alleged that the deceased was murdered by strangulation, however no opinion has been given in respect of the rope which was seized at the instance of the coaccused Sagar Sood @ Balwa. He further states that the co-accused Sagar The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Sood has been admitted on regular bail by this Court vide order dated 12.11.2024. Lastly, it is contended that the all material witnesses, including the last-seen witness namely, Deepak has been examined and only formal witnesses are remaining.

3.

On the other hand, the bail is vehemently opposed by the learned APP for the State. It is stated that the benefit of bail to the applicant was denied by this Court vide order dated 12.11.2024 and that the trial is at the fag end. She however, upon instructions, states that no more material witnesses are remaining to be examined.

4.

I have heard learned counsel for the parties and perused the record placed before me.

5.

As there is no eye witness, the prosecution has relied upon circumstantial evidence in the form of last-seen witness. The rope used in strangulation has been recovered at the instance of co-accused Sagar Sood @ Balwa, who has already been admitted to bail. The applicant being the wife of the deceased, is in custody since last 6 years. Since the last dismissal of the bail application of the applicant, the prosecution has examined further witnesses and concededly no material witness remains to be examined. 6.

Considering the totality of the facts and circumstances, it is directed that the applicant be released on regular bail subject to her furnishing a personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/concerned Court/JMFC and subject to the following further conditions :- i) The applicant shall provide her mobile number to the Investigating Officer on which she will remain available during the pendency of the trial. ii) In case of change of residential address or contact details, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

applicant shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court.

iii) The applicant shall not directly/indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence. iv) The applicant shall regularly appear before the concerned Court during the pendency of the trial.

7.

The bail application is disposed of in the above terms. 8.

Copy of the order be communicated to the concerned Jail Superintendent electronically for information. 9.

Copy of the order be uploaded on the website forthwith. 10.

Needless to state that this Court has not expressed any opinion on the merits of the case and have made the observations only with regard to present bail applicant and nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present bail application.

MANOJ KUMAR OHRI, J OCTOBER 29, 2025/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.