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High Court of DelhiBAIL APPLN./3188/2025

Salma v. State NCT Of Delhi

2026-02-19Hon'Ble Mr. Justice Manoj Jain3 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3188/2025 SALMA .....Petitioner Through:

Mr. Shafik Ahmed, Advocate (through V.C.) versus STATE NCT OF DELHI .....Respondent Through:

Mr. Sunil Kumar Gautam, APP for the State SI Lavkant.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 19.02.2026 1.

Applicant seeks anticipatory bail in a case arising out of FIR No. 242/2025 dated 28.05.2025, for commission of offences under Sections 108/3(5) of Bharatiya Nyaya Sanhita, (BNS) 2023 (corresponding Sections 306/34 IPC), registered at P.S. Pandav Nagar. 2.

The marriage between Wasim and Shabana-deceased (daughter of complainant) took place on 14.04.2014. However, Shabana allegedly committed suicide on 26.05.2025 by hanging herself and her 4 year old daughter.

3.

The police recorded statement of Mr. Nasir Malik (father of Shabana), wherein he claimed that his daughter was being harassed physically and mentally for want of dowry by her husband and other family members. It was in the abovesaid backdrop, that FIR for abetment of suicide was registered. 4.

When asked, learned APP for the State, on instructions, submitted that BAIL APPLN. 3188/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the case was found to be of ante-mortem hanging only and there is no angle of homicide, involved in the present matter.

5.

Prosecution strongly relies upon one suicide note left behind by the deceased wherein she had, inter alia, alleged that she was forced to abort her child on multiple occasions by her husband and in-laws. It is also apprised that on the basis of one earlier complaint, FIR No.115/2025, was got registered by Shabana during her lifetime, for offences under Sections 498A/406/354/34 IPC, in which she had leveled allegations against her husband, parents-in-law and brother-in-law.

6.

Fact remains that when the present petition was taken up by the learned Predecessor Bench on 29.08.2025, there was direction not to take any coercive step against the applicant herein, subject to her joining investigation and such order continues to be in operation.

7.

Learned APP for the State, on instructions from IO, informs that she had joined the investigation and that the charge-sheet has already been filed. Such charge-sheet is also directed against the applicant herein, who has been sent to face trial, without being arrested.

8.

Father-in-law and brother-in-law of deceased are already in judicial custody, albeit, husband-Wasim is absconding. 9.

The prime-most argument coming from the side of applicant is to the effect that they had severed all their ties with their son-Wasim and his wife-Shabana. According to learned counsel for the applicant, applicant and her husband had disowned their both sons and their respective daughters-in-law and public notice was also issued in Newspaper, way back in the year 2021.

10.

Admittedly, the suicide has been committed by Shabana at her parental BAIL APPLN. 3188/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

home, where she was residing since 2023.

11.

Keeping in mind the overall facts and without expressing any opinion with respect to the merits of the case, coupled with the fact that charge-sheet has already been filed, the interim order is hereby, made absolute and the applicant is directed to be released on bail on her furnishing personal bond in a sum of Rs. 25,000/- with one surety of like amount, before the learned Trial Court, as and when, on the basis of taking cognizance, and being summoned by the learned Trial Court, she is required to appear before it. 12.

The application stands disposed of.

MANOJ JAIN, J FEBRUARY 19, 2026/ss/sa BAIL APPLN. 3188/2025 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.