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Delhi High Court – Orders
Kushi vs State Nct Of Delhi on 25 June, 2025
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2090/2025
KUSHI .....Petitioner
Through: Mr. Indupal Khokhar, Ms. Neha, Ms.
Simran Khakhar & Ms. Sangita, Advs.
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Aman Usman, APP for the State.
SI Aditi, P.S. Burain
Ms. Bahuli Sharma, Adv. for
prosecutrix
CORAM:
HON'BLE MS. JUSTICE RENU BHATNAGAR
ORDER
% 25.06.2025
1. The present bail application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, has been filed by the applicant seeking
interim bail for 90 days in FIR No. 370/2019 under Sections 363/366/370 of
the Indian Penal Code, 1860 (hereinafter referred to as „IPC‟) and Sections
4/6 of the Protection Of Children from Sexual Offences Act, 2012
(hereinafter referred to as „POCSO‟), registered at Police Station, Burari.
Chargesheet has been filed under Sections 363/366/370/376/354A IPC,
Sections 4/6 of the POCSO Act and Section 81 of the Juvenile Justice Act,
2015.
2. The learned counsel for the applicant submits that the applicant has
been falsely implicated in the above case and the investigation has already
been completed and also the chargesheet has been filed, therefore she is no
more required for the purpose of further investigation. He further submits that
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The Order is downloaded from the DHC Server on 26/06/2025 at 21:26:47
the applicant was earlier released on bail by the learned Trial Court, however,
as the applicant could not appear before the learned Trial Court, Non-Bailable
Warrants (NBWs) were issued against her. He submits that the applicant has
two minor children; one aged around two years and the other is a new born
while being in judicial custody. He further submits that the applicant is unable
to look after her minor children while being in judicial custody. He prays that
trial will take considerable time, and therefore, during the pendency of trial,
the applicant be released bail to take care of minor sons or in the alternate, the
applicant be granted interim bail for period of ninety days.
3. On the other hand, the learned APP on behalf of the State along with
the learned counsel appearing for the prosecutrix vehemently opposes the
present bail application on account of grave allegations being present against
the applicant. The learned APP further submits that when the applicant was
earlier granted regular bail, she violated the terms of her bail and failed to
appear before the learned Trial Court, consequently NBWs were issued
against her on 24.09.2024 and was declared proclaimed Offender, thereafter
the applicant was re-arrested on 12.12.2024 and sent to judicial custody. The
learned APP contends that the charges have already been framed and the trial
is at the stage of Prosecution Evidence. He further submits that there is high
apprehension that the applicant may again try to jump bail, if released on
interim bail.
4. The learned counsel for the applicant in response to the above
submissions contends that the applicant was engaged in taking care of her
minor children and was unable to engage Legal counsel for filing an
appropriate application due to financial constraints, resulting in proceedings
under Section 82 Cr.P.C. being initiated against the applicant.
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 26/06/2025 at 21:26:47
5. I have heard the submissions of the learned counsel for the applicant as
well as of the learned APP for the State duly assisted by the learned counsel
for the prosecutrix and perused the medical status report dated 20.06.2025
received from the concerned jail authority.
6. As per the medical status report, the applicant along with her two
children is currently lodged in Central Jail No. 6. The medical status report
states that at the time of her admission in jail, she was pregnant and delivered
a child on 12.05.2025.
7. Keeping in view the facts and circumstances of the present case as well
as the fact that the applicant is in judicial custody since 12.12.2024, the
investigation has already been completed, the chargesheet has also been filed
by the State, the co-accused are already on bail and the applicant is unable to
properly take care of her new born child while being in judicial custody, the
applicant is granted interim bail for a period of 90 days from the date of her
release, on furnishing a personal bond in sum of Rs. 25,000/- (Rupees Twenty
Five Thousand only) with one surety in the like amount to the satisfaction of
the learned Trial Court and subject to the following conditions:
i. The applicant shall provide her address/mobile number to the
Investigating Officer(IO)/SHO concerned at the time of release, which
shall be kept operative at all times during the period of interim bail;
ii. In case of change of address and/or mobile number, the applicant shall
intimate/communicate the same to the IO/SHO concerned;
iii. The applicant shall commit no offence whatsoever during the period of
her interim bail;
iv. The Petitioner shall not tamper with evidence nor offer any
inducement, threat or promise to any of the prosecution witnesses orThis 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 26/06/2025 at 21:26:47
other persons acquainted with the facts of case; and
v. The applicant shall not leave the NCT of Delhi without prior
permission of the Court.
8. The application is accordingly disposed of in the aforesaid terms.
9. A copy of this Order be sent to the Jail Superintendent for necessary
action and compliance.
RENU BHATNAGAR, J
(VACATION JUDGE)
JUNE 25, 2025
p/kz Click here to check corrigendum, if any
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 26/06/2025 at 21:26:47
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