Delhi High Court – Orders
Meena Kumari @ Meena Thekedarni vs The State Nct Of Delhi Through Sho Of Ps … on 17 April, 2025
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 489/2025
MEENA KUMARI @ MEENA THEKEDARNI .....Petitioner
Through: Mr. Lewish Edward, Mr. Aman
Akhtar, Mr. Vignesh P, Mr. Rajesh
Yadav, Mr. Danish Ali, Ms.
Vasundhara N and Ms. Sana Singh,
Advocates.
versus
THE STATE NCT OF DELHI THROUGH SHO OF PS HARSH
VIHAR .....Respondent
Through: Mr. Shoaib Haider, APP for State
with SI Yogender Singh, DIU/North
East.
Mr. C.N.Grover, Advocate for the
Complainant.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 17.04.2025
1. Bail Application under Section 439 Cr.P.C/483 BNSS has been
filed for regular bail in FIR No.306/2024 under Section
308/448/380/458/34/460/147/149 IPC, P.S.Harsh Vihar.
2. It is submitted in the Application that the Applicant a 50 year
old woman had sought the regular bail on the ground that the dispute
essentially has its genesis in a civil dispute between the parties.
Complainant in order to get the possession and title of the house
No.18, Gali No.1, Khasra No.543 near Sheetla Mata Mandir, Mandoli
Village, Harsh Vihar, Delhi has made the false allegations only to
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 17/04/2025 at 22:12:14
grab the property. The Applicant had got the title and possession of
the property in question through registered GPA dated 14.02.2020,
however, Complainant started claiming title over the property in the
year 2022 by forging property documents namely GPA, Will , receipt,
Possession Letter. It is asserted that even though the property was
situated in Delhi, the documents were registered in Ghaziabad, U.P.
3. Furthermore, Complainant along with her wife with ill motive
took the Applicant to Meerut requesting her to buy a property but he
implicated her in an NDPS case. She has been illegally dispossessed
from her own house. She filed a complaint in Police Station Harsh
Vihar on 13.04.2024.
4. The IO had asked for the documents of title from the accused
persons which have been submitted through Whatsapp on 12.06.2024.
The earlier complaints of the Applicant show that she had approached
the appropriate authorities before the date of incident for redressal of
her grievances. The present FIR is a counterblast to her earlier
complaints. Even after the Applicant was dispossessed, one room of
the property in dispute was in possession of the Applicant which
continues to be under her lock.
5. The Chargesheet has been on 19.09.2024. The bail is sought on
the ground that there is not a shred of physical evidence against her.
She recently suffered a brain stroke and a minor heart condition.
According to the Complainant the incident happened in his house
despite which no material public witnesses have been cited. The
Petitioner is, therefore, entitled to bail.
6. The Status Report has been filed on behalf of the Prosecution
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who has submitted that on 24.06.2024 at about 2.30 AM a fight took
place inside the house of the Complainant wherein Applicant along
with other co-accused persons attacked and stole the precious articles
and other household articles of the Complainant. Four persons
suffered simple injuries and one person suffered grievous injury. The
matter is now pending at the stage of Charge for 16.04.2025.
7. Learned counsel for the Complainant has vehemently
contested the Bail Application on the ground that one person had
suffered grievous injury as per the MLC. It is further argued that it is
a serious case where the aggressors/accused persons had entered the
house of the Complainant through a ladder at 2.30 AM i.e. middle of
the night. It was a mob like situation wherein not only were the
injuries inflicted but even the household articles were stolen.
8. Submissions heard and record perused.
9. As has been submitted the genesis of the dispute lies in the
dispute in regard to the ownership of a property. There were 6
accused persons but there more than 5 injured persons/Complainant.
While 4 persons suffered simple injuries, one injured, Sanjeev Kumar
suffered grievous injury. However, as per the MLC, the injuries
suffered were a bruise on right elbow of the right arm, contusion
injury over left temporal area and edema. There is nothing reflected in
the MLC on the basis of which the injury has been certified as
grievous.
10. The Applicant is a 50 year old woman and is in judicial custody
since 24.06.2024. The trial is likely to take long. Considering the
totality of circumsances, the Applicant is admitted to Regular Bail, on
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 17/04/2025 at 22:12:15
the following conditions:-
a) The Applicant shall furnish a bail bond in the sum of
Rs.25,000/- and one surety of the like amount, subject to the
satisfaction of the learned Trial Court;
b) The Applicant shall appear before the Court as and when
the matter is taken up for hearing;
c) The Applicant shall provide mobile number to the IO
concerned which shall be kept in working condition;
d) In case of change of the residential address, the same
shall be intimated to this Court and in the Police Station, by the
Applicant.
e) That the Applicant shall not threaten the witnesses or
tamper the evidence.
11. A copy of this Order be communicated to the concerned Jail
Superintendent as well as to the learned Trial Court, for compliance.
12. The Bail Application and pending Application are accordingly
disposed of.
NEENA BANSAL KRISHNA, J
APRIL 17, 2025
rk
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 17/04/2025 at 22:12:15
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