Delhi High Court – Orders
Deepika @ Deepa vs State Of Nct Of Delhi on 9 June, 2025
$~SB-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3488/2024
DEEPIKA @ DEEPA .....Petitioner
Through: Mr. Shrikant Sharma, Advocate
(Through V.C.).
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Nawal Kishore Jha, APP for the
State alongwith SI Sunder Singh & SI
Ramanuj (P.S. Nangloi).
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 09.06.2025
CRL.M.(BAIL) 1028/2025
1. By way of the present application filed under Section 483 read with
Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the
Applicant/Petitioner seeks interim bail in case FIR No. 293/2024, dated
03.04.2024, registered under Sections 370/34 of the Indian Penal Code,
1860 (‘IPC‘) and Section 81 of the Juvenile Justice (Care and Protection of
Children) Act, 2015. Consequent upon completion of investigation, offences
under Sections 371/419/201/120-B of the IPC have been added vide the
chargesheet dated 28.06.2024.
2. The Petitioner was arrested on 17.04.2024 and remanded to police
custody for 10 days and after that was confined to judicial custody on
27.04.2024. The Petitioner preferred regular bail application before the Ld.
Sessions Court, Tiz Hazari, District West, Delhi. However, the said
application was withdrawn by the Petitioner on 17.05.2024 with the liberty
to file at an appropriate stage.
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3. After completion of the investigation the chargesheet was filed on
01.07.2024. Thereafter, the Petitioner preferred second regular bail
application, however the same was dismissed vide order dated 29.07.2024
by the Ld. Sessions Court.
4. The Petitioner has filed the Bail Application No. 3488/2024 before
this Court, which is pending consideration. In the meanwhile, the Petitioner
was released on interim bail vide order dated 11.11.2024 for the period of 4
weeks on the ground to look after her minor daughter. Vide order dated
12.12.2024, the period was extended for 5 days.
5. Vide order dated 06.02.2025, the Petitioner was granted another
interim bail for a period of 4 weeks from date of her release on medical
grounds as well as on the ground that she needed to take care of her minor
daughter, who had to sit her ‘annual examination’ for Class-I in CRL. M.
(BAIL) 141/2025 in Bail Application No. 3488/2024. Vide order dated
12.03.2025, the interim bail was extended for one week and the Petitioner
was directed to surrender on 19.03.2025.
6. The Petitioner has sought interim bail for 4 weeks by way of present
application on the ground that the Petitioner is a single mother of 6-year old
minor daughter and the Petitioner needs to pay the outstanding fees of the
school to secure the admission in 2nd Class in new academic session 2025-26
as she was not promoted to the new session / class.
7. Notice on this application was issued on 09.05.2025 and time was
granted to the State for filing reply 2 days before the next date of hearing on
22.05.2025, however, the matter could not be taken up on that day. On next
date of hearing on 29.05.2025, the learned Additional Public Prosecutor
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(‘APP’) sought more time to place on record the Status Report and the
matter was listed before the Vacation Bench on 09.06.2025.
8. Mr. Nawal Kishore Jha, learned APP appearing for the State has
handed over a copy of the Status Report. The Status Report is taken on
record.
9. The Petitioner has sought interim bail as she had cleared some part of
arrears of school fee, when she was released on interim bail on 11.11.2024
and 06.02.2025, but school fee have again fallen due and if she does not pay
the arrears of fee, her daughter would not be allowed to attend classes for
class 2nd in new academic session 2025-26 as she was not promoted to the
second session/class, which would prejudice the child’s educational career.
10. The Petitioner is a single mother and no one in the extended family is
interested or able to take care of her daughter’s education. Though the
Petitioner has availed interim bail twice, she had surrendered on time and
there is no allegation that she misused the liberty granted.
11. The Status Report submitted shows that the house of the Petitioner
was visited, and it was found that the minor daughter of the Petitioner is
residing with her grandmother and her 19 years old elder sister, who takes
private tuition to earn a living. The elder sister takes good care of the
Petitioner’s minor daughter. Additionally, the minor daughter’s cousin lives
in the house adjacent to that of the Petitioner and she also takes care of the
minor daughter.
12. As regards the pending fees of the Petitioner’s daughter, the Status
Report has verified that the school fees have been pending since December
2024. It has also been confirmed that the minor daughter is currently
enrolled in Yuvashakti Model School. She had appeared for the annual
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examination held in January, and the admission process at the school
remains ongoing till July. However, her admission continues to remain
active.
13. Though the record shows that the Petitioner is facing trial for
extremely serious allegations, the offences with which the Petitioner is
charged are yet to be proved against her at the trial; and that the heinousness
of the allegations against the mother must not ruin the education and
development of her 6-year old daughter.
14. Considering the facts and circumstances, keeping in view the welfare
and well-being of the Petitioner’s 6-year old daughter, the Petitioner –
Deepika @ Deepa w/o Jitender – is granted interim bail for a period of 4
weeks from the date of her release, on the following conditions:
a. The Petitioner shall furnish a personal bond in the sum of
₹25,000/- (Rupees Twenty-Five Thousand Only) with one
surety in the like amount from a family member, to the
satisfaction of the learned Trial Court;
b. The Petitioner shall not leave the State of Delhi without the
prior permission of the learned Trial Court and shall ordinarily
reside at the address as per prison records;
c. The Petitioner shall furnish to the Investigating Officer/S.H.O.,
P.S.: Nangloi 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.
d. If the Petitioner has a passport, she shall surrender the same to
the learned Trial Court and shall not travel out of the country
without prior permission of this Court;
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e. The Petitioner 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 the
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
f. The Petitioner shall be released from custody on 16.06.2025
and would surrender back to custody on 16.07.2025 before the
Jail Superintendent.
15. Since the Petitioner is facing trial and would be appearing before the
learned trial court from time-to-time, it is not considered necessary to
impose a reporting requirement as a condition of bail.
16. Nothing in this order shall be construed as an expression of opinion
on the merits of the pending matter.
17. The application stands disposed of in the above terms.
18. A copy of this order be sent to the concerned Jail Superintendent
forthwith.
BAIL APPLN. 3488/2024
19. List on the date already fixed, i.e., on 15.07.2025.
TEJAS KARIA, J
(VACATION JUDGE)
JUNE 9, 2025/’ak’
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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 24/06/2025 at 12:22:22