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2025 DAILYLAW 5784 (DEL)

RUKSANA KHATOON v. STATE (NCT OF DELHI)

BAIL APPLN./4782/2025 · 2026-08-13

Manoj Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BAIL APPLN. 4782/2025 1 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010995352025 + BAIL APPLN. 4782/2025 RUKSANA KHATOON .....Petitioner Through: Mr. Amjad Khan, Mr. Mohd. Azhruddin, Advocates. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Aashneet Singh, APP with Inps. Manoj Bhaskar. Mr. Harshit S Gahlot, Advocate for complainant with complainant. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 13.08.2026 1. Applicant seeks regular bail filed in case FIR No. 289/2025 registered at Police Station Bindapur for commission of offences under Sections 115(2)/126(2)/3(5)/110 BNS (corresponding Sections 323/341/34/308 IPC) . 2. The abovesaid FIR was registered on the basis of complaint made by Maulana Hasan who revealed that on 29.04.2025, their neighbours Faisal, Sahil and Bilal were making noise outside their street and when they were asked not to indulge into any such activity, they made a phone call and asked several other persons (kuch aur ladko ko bulaya) and caused injuries to him with Bat, Danda and Sariya. He also claimed that his three sons i.e. Osama, Hamza and Kasim were also beaten up with Dandas and Sariyas and stones and bricks were also hurled from roof-top. 3. Initially, the case was registered for commission of offence under Section 115(2)/126(2)/110/3(5) BNS but later on after the death of Osama, relevant penal sections were added. 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 14/08/2026 at 11:25:19 BAIL APPLN. 4782/2025 2 4. The charge-sheet has already been filed and charges have also been ascertained. The accused persons have been charged for commission of offence under Section 302/34 IPC also. It is informed that the order on charge has been assailed by the petitioners by filing a revision petition which is pending adjudication before this Court. 5. Learned counsel for the applicant seeks bail and submits that the applicant being a lady is, even otherwise, entitled to be released on bail as per the spirit of Section 437 Cr.P.C (corresponding Section 480 of the Bharatiya Nagarik Suraksha Sanhita). 6. He also submits that in the FIR there is not even a whisper regarding her presence at the spot and it was only during the recording of some supplementary statements that the police had arrested her. He also submits that she had prayed for interim bail as she had to undergo a surgery and after expiry of such period of interim bail, she has already surrendered and has not misused the liberty granted to her. It is also submitted that her husband and son are in custody in the same FIR. 7. Learned APP for State opposes the bail application. Learned counsel for complainant also submits that the case is of serious nature as the accused persons have been charged with murder. It is also submitted that CCTV footage of the spot was collected, in which she is clearly seen and, therefore, she cannot be permitted to agitate that she was not present at the spot or that she has been falsely implicated. 8. As per Nominal Roll, her period of incarceration is around fifteen months. Her age is recorded as forty six years and her jail conduct is recorded as satisfactory. During course of arguments, learned counsel for applicant, on instructions, submitted that if applicant is released on bail, she would not stay 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 14/08/2026 at 11:25:19 BAIL APPLN. 4782/2025 3 in the same neighbourhood and would rather stay somewhere else or would go to her brother who resides in Saket. 9. Prosecution has cited 40 witnesses in the charge-sheet, 6 out of them are eye witnesses. 10. Since the charges have been framed very recently, there is no likelihood of trial getting completed in near future. 11. Keeping in mind the overall facts of the case and the fact that the applicant is a lady, with no previous involvement of any nature whatsoever, albeit, without observing any opinion over the merits of the case, the applicant is, hereby, admitted to regular bail on her furnishing personal bond in a sum of Rs. 30,000/- each with one surety of like amount, subject to the satisfaction of learned Trial Court/CMM/Duty Magistrate with the following conditions:- a) Surety would be local. b) Applicant shall appear before the learned Trial Court regularly on date(s) fixed. c) Applicant/accused shall not come in contact of any witness, directly or indirectly. d) The applicant/accused shall provide her mobile number to the investigating officer and shall keep the same operational all the time, till the disposal of the case. e) As undertaken above, she will not reside in the same neighbourhood, in case, she tries to come in contact of any of the prosecution witness or complainant and tries to enter into any confrontation with them or tries to intimidate them in any manner whatsoever, prosecution as well as the complainant would be at liberty to, immediately, move appropriate application seeking cancellation of bail. 12. The application stands disposed of in aforesaid terms. 13. Pending application also stands disposed of. 14. A copy of this order be sent to the concerned learned Trial Court and 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 14/08/2026 at 11:25:19 BAIL APPLN. 4782/2025 4 also to the Jail Superintendent for necessary information and compliance. MANOJ JAIN, J AUGUST 13, 2026/sw/sk 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 14/08/2026 at 11:25:19 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 14/08/2026 at 11:25:19