Sunita Shiv Kumar v. State Of NCT Of Delhi
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3713/2025 & CRL.M.A. 32885/2025 & CRL.M.A. 32886/2025 SUNITA SHIV KUMAR .....Petitioner Through:
Mr. Lewish Edward, Mr. Vignesh P.
Mr. Ayush Khann, Mr. Karan Tomar and Mr. Sameer Fayis, Advocates versus STATE OF NCT OF DELHI .....Respondent Through:
Mr. Aashneet Singh, APP for State Insp. Vikas Dabas, PS Aman Vihar
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 27.04.2026 1.
Applicant seeks regular bail in case FIR No. 0650/2024 dated 19.10.2024 registered at Police Station Aman Vihar for commission of offence under Section 103(1)/3(5) of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 302/34 IPC).
2.
As per case of prosecution, on the intervening night of 18.10.2024 and 19.10.2024, applicant along with her three sons tied Sandeep @ Bhura to an electric pole and then gave him beatings. When he fell unconscious, he was put in an e-rickshaw and when he was being taken away in e-rickshaw, one Parvesh intercepted them with the help of locals. This is how the police learnt about the incident in question.
3.
Charges have already been ascertained and case is under trial. 4.
As per charge-sheet, there are 31 prosecution witnesses and so far, five BAIL APPLN. 3713/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
witnesses have been examined.
5.
Learned counsel for applicant submits that two alleged eyewitnesses i.e. PW3 Atul Gupta and PW4 Ajay have not supported the case of prosecution as they pleaded complete ignorance about any such thing. Despite being cross-examined by the prosecution with the permission of the Court, they did not support the case of prosecution. Complainant has, however, supported the case of prosecution as he claimed that he had seen all the accused persons taking away injured in an e-rickshaw. 6.
Investigating officer is present with case diary and it seems that in terms of disclosure statement appearing on record, deceased had entered inside the house of accused persons with intention to commit some theft and when he was caught, he was thrashed.
7.
Applicant herein is a lady with no previous involvement and since the material witnesses have already been examined by the prosecution, there is no chance of her threatening or influencing any public witness. 8.
Nominal Roll of applicant is already on record which shows her age as in late forties, with no previous involvement. 9.
Keeping in mind the overall facts and circumstances of the case and in particular the fact that applicant is a lady and entire family is behind the bars, without expressing any opinion over the merits of the case, applicant is admitted to bail on her furnishing personal bond and surety bond in a sum of Rs. 25,000/- each subject to the satisfaction of concerned Trial Court/Chief Judicial Magistrate/Duty Judicial Magistrate First Class. Surety would be local.
10.
A copy of this order be immediately sent to learned Trial Court and Superintendent Jail for information and compliance. BAIL APPLN. 3713/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
11.
Application stands disposed of accordingly.
12.
Other pending applications also stand disposed of in aforesaid terms. MANOJ JAIN, J APRIL 27, 2026/dr/sy BAIL APPLN. 3713/2025 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.