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2025 DAILYLAW 5821 (DEL)

SUMAN DEV v. STATE NCT OF DELHI

BAIL APPLN./4723/2025 · 2026-08-06

Madhu Jain

body2025

Judgment text

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$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010976512025 + BAIL APPLN. 4723/2025 & CRL.M.A. 36374/2025 SUMAN DEV .....Petitioner Through: Mr. Afesh Kumar, Mr. Raghav Agarwal, Advs. versus STATE NCT OF DELHI .....Respondent Through: Ms. Richa Dhawan, APP Insp. Pawan Kumar, PS, Crime Branch Mr. Vikas Sharma, Adv. for Complainant. Ms. Harsha Sharma, Mr. Anand Kumar Dubey, Mr. Ashutosh Singh, Mr. Siddhant Shukla, Advs. for Victim CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 06.08.2026 1. This hearing has been done through hybrid mode. 2. The petition has been filed on behalf of the petitioner under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) seeking grant of regular bail in FIR No. 185/2025, registered at Police Station- Crime Branch for the offence punishable under Sections 316(5), 318(4), 61(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’) 3. Learned counsel for the petitioner submits that neither the FIR, the original complaint, nor the statements of the witnesses recorded under Section 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 07/08/2026 at 11:21:48 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) disclose the name of the petitioner. 4. He further submits that, as per the Status Report filed by the Investigating Officer, the only allegation against the petitioner is that she is the wife of the co-accused and that a portion of the allegedly cheated amount was transferred by her husband into her bank account. 5. Learned counsel further submits that the petitioner's husband was granted transit bail by the competent Court and has thereafter surrendered before the Court of the learned ACJM, Patiala House Courts, where he is presently in judicial custody. It is also submitted that the petitioner is a lady aged about 35 years and is illiterate. 6. Per contra, learned APP for the State opposes the petition and submits that the petitioner is not illiterate. It is contended that a substantial part of the cheated amount was transferred by her husband into her bank account and was subsequently utilised for the purchase of immovable property. It is further submitted that, when the petitioner's husband met the complainant and the other victims, the petitioner had represented herself as the daughter of a senior IAS officer. 7. Learned counsel appearing for one of the victims, namely, Jagan Mohan Rao, submits that the petitioner's husband obtained extension of transit bail from the Court in West Bengal and also secured interim protection from this Court on the assurance of arriving at a settlement. However, according to her, no settlement has been effected till date. 8. On the other hand, learned counsel appearing for the complainant, Mr. L. Alex, submits that in terms of the settlement, his client has received the entire settled amount and, therefore, has no objection if the petitioner is 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 07/08/2026 at 11:21:48 granted bail. 9. I have heard learned counsel for the parties and perused the material placed on record. 10. The petitioner is a woman aged about 35 years. Admittedly, her name does not figure either in the FIR or in the original complaint. It was only during the course of investigation that the Investigating Officer noticed that certain amounts had been transferred by the co-accused, who is the petitioner's husband, into her bank account. The petitioner remained in judicial custody for some time and is presently on interim bail. 11. Having regard to the fact that the petitioner is a woman aged about 35 years, has been on interim bail without any allegation of misuse of the concession granted to her, and that the dispute with the principal complainant stands settled, this Court is of the opinion that no useful purpose would be served by continuing her incarceration. 12. Accordingly, the petitioner is directed to be released on regular bail upon furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount to the satisfaction of the learned Trial Court, subject to the following conditions: i. The petitioner shall not leave India without prior permission of the learned Trial Court. ii. The petitioner shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address. iii. The petitioner shall appear before the learned Trial Court as and when the matter is taken up for hearing. iv. The petitioner is directed to give her mobile number to 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 07/08/2026 at 11:21:48 Investigating Officer and keep it operational at all times. v. The petitioner shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner. vi. The petitioner shall report to the office of the concerned SHO, P.S. Crime Branch, New Delhi, on the first Monday of every month at 11:00 a.m. and shall remain present till 12:00 noon for the purpose of marking her attendance, after completion of all necessary formalities. 13. The application is allowed and disposed of accordingly. Pending application(s), if any, also stand disposed of. 14. A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance. 15. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 6, 2026/ys/rm 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 07/08/2026 at 11:21:48