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High Court of DelhiBAIL APPLN./4361/2025

Meena v. State Of NCT Of Delhi

2026-02-23Hon'Ble Mr. Justice Manoj Jain4 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4361/2025 MEENA .....Petitioner Through:

Mr. Zeeshan Diwan (DHCLSC), Mr.

Harsha, Ms.

Ankita Yadav, Advocates.

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

Ms. Priyanka Dalal, APP for the State.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 23.02.2026 1.

Applicant seeks regular bail in a case arising out of FIR No.28/2018 dated 11.01.2018, for commission of offences under Sections 302/201 IPC, registered at P.S. Aman Vihar.

2.

Applicant is facing trial for committing murder and causing disappearance of the evidence. She was stated to be in a relationship with the deceased/victim whom she, allegedly, murdered inside her house and disposed of the body in a concealed manner.

3.

There is also one another co-accused i.e. Joginder, but the role assigned to such co-accused is only with respect to disappearance of evidence and he has already been enlarged on bail.

4.

Learned counsel for the applicant submits that, on one hand according to prosecution, the applicant was in illicit relationship with the deceased but on the other hand, the prosecution has absolutely failed to supply any motive BAIL APPLN. 4361/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

behind the murder. He supplements that the applicant has been picked up on the basis of suspicion only.

5.

The prosecution strongly relies upon CCTV footage, forensic evidence and various other circumstantial evidence. 6.

The trial is mid-way and out of the cited 39 witnesses, 28 such witnesses have been examined till date. It is stated that one public witness-Vishal is not coming to the Court and since April, 2025, there is examination of only one witness and therefore, trial is not likely to conclude in near future.

7.

Learned counsel for the applicant submits that the applicant was arrested on 13.01.2018 and has already undergone incarceration for approximately 5 1⁄2 years. He submits that the applicant herein deserves concession of bail on account of having suffered incarceration for a significant period of time and places reliance on Sunil Bihari Alias Shakti Singh v. The State (NCT of Delhi), 2025:DHC:11035 where the accused therein was granted concession of bail by Coordinate Bench of this Court vide its judgment dated 08.12.2025 on account of prolonged incarceration, while observing as order:- "23. Once the applicant undisputedly is in continuous incarceration since 08.06.2018 and once it is clear that the trial is not likely to be concluded in near future, the applicant cannot be denied benefit of bail on the sole criteria of his implication in previous FIRs and the fact that the accused was once declared proclaimed offender.

24. The Hon'ble Apex Court in the case of Union of India v. K.A. Najeeb: AIR 2021 SC 712 held that once it is obvious that a timely trial would not be possible, and the accused has suffered incarceration for a significant period of time, the courts would ordinarily be obligated to enlarge them on bail.

25. The investigation in the present case already stands concluded with the BAIL APPLN. 4361/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

filing of chargesheet followed by framing of charges and the material witnesses have already been examined by the learned Trial Court.

26. The object of Jail is to secure the appearance of the accused during the trial. The object is neither punitive nor preventive and the deprivation of liberty has been considered as a punishment. However, appropriate conditions ought to be put to allay the apprehension of the applicant tampering with the evidence or evading the trial." 8.

The Nominal Roll has been requisitioned from the jail which indicates that the applicant has no previous involvement of any nature whatsoever. 9.

Keeping in mind the overall facts of the case, coupled with the fact that the applicant is a lady with no previous antecedents and without making any observation on the merits of the case, the applicant is, hereby, directed to be released on bail on her furnishing personal bond in a sum of Rs. 25,000/- with one 'local' surety of like amount, subject to the satisfaction of learned Trial Court/CJM/Duty Magistrate with the following conditions: - (i) The applicant shall not try to contact and influence any witness, directly or indirectly.

(ii) She would provide her 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) Learned Trial Court would be at liberty to get the addresses of applicant and her surety verified, before accepting the bonds. In case, applicant wants to change her address, she shall give prior intimation in writing, not only to the concerned investigating officer but also to the learned Trial Court.

10.

The application stands disposed of.

BAIL APPLN. 4361/2025 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

Let a copy of this order be sent to the concerned Court and also to the Jail Superintendent for necessary information and compliance. MANOJ JAIN, J FEBRUARY 23, 2026/ss/sa BAIL APPLN. 4361/2025 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.