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1933 DAILYLAW 3 (DEL)

SHRISHTI v. STATE OF NCT DELHI & ANR.

BAIL APPLN./1933/2025 · 2026-07-23

Saurabh Banerjee

body1933

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1933/2025 SHRISHTI .....Applicant Through: Mr. Sunil Prakash Pandey, Mr. Vaibhav Mishra, Mr. Aditya Jha, Mr. Raghav Sood, Mr. Utsav Madan and Mr. Satvik Bajaj, Advs. versus STATE OF NCT DELHI & ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP for the State with Mr. Aditya Vikram Singh, Adv. Insp. Arun Dagar, PS.: Bhalswa Dairy Mr. Sarthak Karol, Advocate (DHCLSC) with Ms. Neelakshi Bhadauria and Ms. Tanishka Pawar, Advs. for brother of the deceased CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 23.07.2026 1. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks grant of regular bail in FIR No.808/2022 dated 06.10.2022 registered at PS.: Bhalswa Dairy, Delhi under Sections 302/34 of the Indian Penal Code, 1860 (IPC) and Sections 25/27/54/59 of the Arms Act, 1959 (AA). 2. Written synopsis, handed over by learned counsel for the complainant/ brother of the deceased, is taken on record. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/07/2026 at 15:04:49 3. As per FIR, after the victims returned from Dussehra celebrations on the night of 05.10.2022, a quarrel ensued between them and the co- accused persons. During the said altercation, though the present applicant alongwith the other co-accused persons instigated the others alongwith them to kill the two victims present there, however, the applicant had held one of the deceased whilst the principal assailants inflicted knife injuries upon both the victims, resulting in their death. Based thereon, the present FIR was registered. 4. Subsequently, during investigation, the applicant was arrested on 06.10.2022 based on the CCTV footage evincing the presence of the applicant at the spot, even though the actual incident of stabbing was not captured. 5. The charge-sheet has since been filed and the matter is presently at the stage of prosecution evidence, where, out of forty-seven (47) prosecution witnesses only six (6) witnesses have been examined till date. 6. In this factual backdrop, this Court has heard learned counsel(s) for the applicant, the complainant/ brother of the deceased as also the learned APP, and has also gone through the documents on record. 7. No doubt the CCTV footage captures the presence of the applicant at the spot at the time of commission of offence, however, it is also evident therefrom that the only role assigned to her is that she instigated one of the co-accused persons and was seen holding one of the victims. Also, no weapon(s) of offence has/ have been recovered from her. She, being a first-time offender, also has clean antecedents. Moreover, as per the Nominal Roll whilst in Judicial Custody for the last almost three years and nine months and her conduct has been “Satisfactory”. Lastly, despite This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/07/2026 at 15:04:49 framing of the charges before the learned Trial Court, only six (6) amongst forty-seven (47) prosecution witnesses have been examined yet. 8. Taking a cumulative view of the aforesaid facts and circumstances, de hors the gravity/ nature of offence involved, particularly, her role in the incident, that she, being a female, has been in custody for a significant period and the trial is likely to take time to conclude, this Court is of the opinion that it would be in the interest of justice, if the applicant is enlarged on bail. 9. As such, the applicant is directed to be released on regular bail in the proceedings arising out of in FIR No.808/2022 dated 06.10.2022 registered at PS.: Bhalswa Dairy, Delhi under Sections 302/34 of the IPC and Sections 25/27/54/59 of the AA, subject to her furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) alongwith one surety of the like amount by a family member/ friend having no criminal case pending against him/ her and subject to satisfaction of the learned Trial Court, and further subject to the following conditions:- i. Applicant shall not leave NCT of Delhi without prior permission of the concerned Court and shall ordinarily reside at the address as per TCR and shall surrender her Passport, if any, to the IO within three days of her release. ii. Applicant shall join and participate in the investigation as and when called by the IO. iii. Applicant shall appear before the Court as and when the matter is taken up for hearing. iv. Applicant shall provide all her mobile numbers to the IO This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/07/2026 at 15:04:49 concerned which shall be kept in working condition at all times. v. Applicant shall not indulge in any criminal activity and shall not contact any of the prosecution witnesses, or tamper with the evidence of the case. 10. Ergo, the present application is allowed and disposed of in the aforesaid terms. 11. Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall case/ trial involved. SAURABH BANERJEE, J JULY 23, 2026/bh This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/07/2026 at 15:04:49