Research › Search › Judgment

High Court of Delhi · body

2025 DAILYLAW 5138 (DEL)

JIYA EKBAL v. STATE GOVT OF NCT OF DELHI

BAIL APPLN./5018/2025 · 2026-07-03

Purushaindra Kumar Kaurav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 5018/2025 JIYA EKBAL .....Petitioner Through: Mr. Osama Suhail, Ms. Samama Suhail, Ms. Antara Chaudhary, Ms. Sanya Gandotra, Advocates. versus STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Shoib Haider, APP. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 03.07.2026 1. The applicant has filed the instant bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’) seeking regular bail in connection with FIR No. 275/2025 dated 29.07.2025, registered at PS: Chandni Mahal under Section 140(2), 142, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) (364A, 368 and 37 of the Indian Penal Code, 1860). 2. Learned counsel appearing for the applicant submits that the applicant is innocent has been falsely implicated in the instant case. He does not have any criminal antecedent and is in custody since 30.07.2025. It is his contention that the applicant and the victim both were involved in the same business and with respect to some monetary aspect, the dispute had arisen. 3. It is, thus, submitted that when the investigation has been completed 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 06/07/2026 at 10:21:38 and the chargesheet has been filed, there is no reason as to why the applicant should continue to remain under continued incarceration. It is further submitted that the applicant had fully cooperated with the investigation and is ready to assist in early completion of the trial. 4. The bail application is opposed by learned counsel who appears for the State. He contends that the allegations are serious in nature and bearing in mind the overall facts and circumstances the applicant is not entitled for regular bail. 5. I have considered the submissions made by learned counsel for the parties and have perused the record. 6. It is the case of the prosecution that the complainant who happens to be the wife of missing person i.e. Mohd. Ajaj, lodged the complaint on 27.07.2025. On the basis of the information received form the complainant’s wife, the police had started investigation. After investigation, the chargesheet has been filed against five accused persons including the applicant herein for offences punishable under the aforesaid sections of the BNS/ IPC. 7. The victim Mohd. Ajaj was recovered on 29.07.2025. He was also sent for medical examination. It was stated by victim that he was illegally confined by Safatulla Khan, Mohd. Jiya Iqbal @ Bablu and Aas Mohd at Shaheen Bagh. 8. As per the status report, the Court finds that the mobile phone of the accused Safatulla Khan was searched and seized. The alleged viral nude video of victim Mohd. Ajaj was found in his phone. There does not seem to be any material to indicate regarding seizure of the applicant’s mobile and even neither the alleged video nor the photographs are the part of the 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 06/07/2026 at 10:21:38 chargesheet. 9. The Court finds that there are no criminal antecedents of the applicant. The investigation is over and the applicant has already suffered about 11 months of incarceration. The charges have not yet been framed and the trial will take sufficient time in its conclusion. Therefore, subject to the certain condition, the applicant be enlarged on regular bail. 10. Accordingly, the applicant is directed to be released on regular bail subject to the following conditions: a) The applicant shall furnish a personal bond in the sum of Rs.25,000/- (Rupees Fifty Thousand Only) with 01 surety in the like amount to the satisfaction of the learned trial Court; b) The applicant shall furnish to the Investigating Officer a cell phone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times; c) If the applicant has a passport, he shall surrender the same to the learned trial court and shall not travel out of the country without prior permission of the learned trial court; d) The applicant shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial; and e) In case of any change in her residential address/contact details, the petitioner shall promptly inform the Investigating Officer in 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 06/07/2026 at 10:21:38 writing. 11. Nothing stated in this order shall construe as an expression of opinion on the merits of the case. 12. This application accordingly stands disposed of in the aforesaid terms. 13. A copy of this order be sent to the Jail Superintendent for information. PURUSHAINDRA KUMAR KAURAV, J JULY 3, 2026 aks 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 06/07/2026 at 10:21:38