Rahul v. State Of NCT Delhi
$~4 & 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4795/2025 RAHUL .....Petitioner Through:
Ms. Nandita Rao, Sr. Advocate with Mr. Vimal Tyagi, Mr. Ankur Raghav, Mr. Balaji Pathak and Mr. Tripurari Jha, Advocates.
versus STATE OF NCT DELHI ....Respondent Through:
Ms. Priyanka Dalal, APP for the State with Insp. Sanjeev.
Mr. Ankit Kumar, Advocate.
+ BAIL APPLN. 935/2026 & CRL.M.A. 7113/2026 & CRL.M.A. 7114/2026 VIKRAM .....Petitioner Through:
Ms. Nandita Rao, Sr. Advocate with Mr. Vimal Tyagi, Mr. Ankur Raghav, Mr. Balaji Pathak and Mr. Tripurari Jha, Advocates.
versus STATE NCT OF DELHI .....Respondent Through:
Ms. Priyanka Dalal, APP for the State with Insp. Sanjeev.
Mr. Ankit Kumar, Advocate
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 22.04.2026 1.
Both the applicants seek regular bail in FIR No.0055/2023 dated BAIL APPLN. 4795/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
27.01.2023 registered, for commission of offences under Sections 498A/304B/34 IPC, registered at P.S. Punjabi Bagh. 2.
One Chhaya committed suicide on 26.01.2023. The abovesaid fact came to light when a PCR call was received at P.S. Punjabi Bagh. The police immediately rushed to the spot and saw Chhaya (deceased wife of applicant-Rahul) hanging from ceiling fan, with the help of a Chunni. 3.
The concerned SDM was informed and the spot was got inspected by the crime team and after carrying out requisite investigation and recording statements of concerned witnesses, a charge-sheet was filed for commission of offences under Sections 498A/304B/34 IPC against six accused persons, including both the abovesaid applicants.
4.
Accused-Rahul, as already noticed above, is husband of deceased Chhaya whereas Vikram is his younger brother. 5.
Undoubtedly, as per the post-mortem report, death was due to asphyxia as a result of antemortem hanging. Thus, there is no angle of homicide, at all. 6.
Fact, however, remains that Chhaya, as well as her sister Divya were married to abovesaid two applicants i.e. Rahul and Vikram, respectively. The marriage took place on the same date i.e. 03.05.2021 and the abovesaid unfortunate suicide is after around 1 1⁄2 years of such marriage. 7.
Learned Senior Counsel for the applicants submits that the applicants are in custody since 27.01.2023 and, therefore, incarceration period is now more than three years.
8.
She submits that prosecution has cited 27 witnesses whereas so far only 13 witnesses have been examined, albeit, all the material public witnesses i.e. relatives of deceased Chhaya have been examined and in view of the above, there is no question of applicants threatening or influencing the public BAIL APPLN. 4795/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
witnesses in any manner whatsoever.
9.
She submits that Chhaya used to remain depressed as she suffered miscarriage twice i.e. on 21.09.2021 and 21.01.2023 and in the interregnum, her sister Divya was blessed with a baby on 02.08.2022. She submits that on account of such two instances of miscarriage, she used to remain depressed and quite possibly that is the reason behind her suicide, which took place within two days of her second miscarriage.
10.
She also submits that there was some matrimonial discord between Vikram and his wife Divya and when Divya reported the matter to CAW Cell, District, Meerut on 10.11.2022, she did not mention anything which may indicate that her sister Chhaya was maltreated, on account of bringing insufficient dowry.
11.
She also draws the attention of the Court towards the testimony of the relatives of deceased, including PW-5-Radha (mother), PW-6-Ramesh Chand (father), PW-8-Divya (Sister), PW-11-Akash (brother). 12.
Learned APP for the State and learned counsel for the complainant have, however, opposed the bail applications. They submit that all the relatives of the deceased have fully supported the case of the prosecution and the applicants are, somehow, trying to connect the dots unwarrantedly and trying to project as if suicide was on account of depression, due to miscarriage.
13.
According to them, during the investigation, all the witnesses had, clearly, alleged that there was demand of dowry and Chhaya used to be maltreated on account of bringing insufficient dowry and she used to be asked to bring amount from her parents.
14.
They also submit that there is audio recording between applicant-Rahul BAIL APPLN. 4795/2025 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and father of deceased and these calls clearly indicate the intention on the part of the applicants as during such conversation, he continued to threat and intimidate the father of the deceased.
15.
The abovesaid conversation is of November, 2022. 16.
Ms. Rao, learned Senior Counsel for the applicants submits that the abovesaid call is altogether for different purpose as the other sister had already lodged a report with CAW Cell, Meerut and applicant-Rahul, in order to ensure that the family life of his brother Vikram is back on track, had entered into the abovesaid conversation and there is nothing which may indicate that he was treating Chhaya with any cruelty. 17.
The trial is at a crucial juncture and, therefore, it will not be appropriate for this Court to make any observation, either way, lest it prejudices the mind of the learned Trial Court.
18.
Fact, however, remains that keeping in mind the long incarceration period and the fact that all the public witnesses, including all the relatives of the deceased have already entered into witness box, no useful purposed would be served by keeping the applicants behind the bar. Resultantly, both the applicants are hereby, admitted to bail on their 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 with the following conditions: - (i) Surety shall be local.
(ii) Applicants shall not try to contact any witness, directly or indirectly. (iii) Applicants shall furnish mobile numbers to concerned IO on which they can be contacted, if required. Such numbers shall remain operational and functional till disposal of the case.
BAIL APPLN. 4795/2025 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
19.
Applications stand disposed of in aforesaid terms. 20.
Pending applications also stand disposed of in aforesaid terms. 21.
A copy of this Order be immediately sent to the learned Trial Court and Jail Superintendent for information and necessary compliance. MANOJ JAIN, J APRIL 22, 2026/ss/js BAIL APPLN. 4795/2025 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.