Neeraj Yadav v. The State Govt of NCT Delhi

1. The accused/applicant, having surrendered himself on 21.08.2020 is in incarceration and seeks regular bail in case FIR No. 99/2020 of PS Palam Village for offence under Section 365/34 IPC. Subsequent to filing of chargesheet, the learned trial court framed charge for offence under Section 302/201/34 IPC against the accused/applicant and others.

2. On behalf of State, status report was filed opposing the bail. I have heard learned counsel for accused/applicant and learned prosecutor, assisted by Investigating Officer/Inspector Adith Lily.

3. Broadly speaking, the allegation against the accused/applicant is that with the help of his parents, he killed his wife by strangulation and got the GIRISH KATHPALIA Date: 2025.08.04 14:01:17 +05'30' dead body dumped in drainage with the help of three persons namely his uncle Inder Dev, co-worker Nitesh and maternal uncle Pappu Yadav. As regards the discovery of dead body, admittedly the same was not at the instance of the accused/applicant.

4. On behalf of accused/applicant, it is submitted by learned counsel that all remaining accused persons, namely parents of the accused/applicant as well as those three persons, who allegedly dumped the dead body into drainage have already been granted bail. Learned counsel for accused/applicant submits that none of the public witnesses, including father of the deceased has supported the prosecution case.

5. Learned APP submits that out of 27 prosecution witnesses, 11 have already been examined and now, no public person remains to be examined.

6. In response to a specific query, it is submitted by the Investigating Officer that the alleged strangulation took place inside the house of the accused persons and there is no clear evidence as to whether the alleged strangulation was done by the accused/applicant or either of his parents. Further, it is also submitted by the Investigating Officer that there is no evidence of handing over of the dead body by the accused/applicant to Inder Dev and the remaining two persons for disposal.

7. It is indeed unfortunate that a lady died in unnatural circumstances. But on the basis of material available on record, as mentioned above, I find no reason to further deprive the accused/applicant liberty.

KATHPALIA Date: 2025.08.04 14:01:02 +05'30'

8. Therefore, the application is allowed and it is directed that the accused/applicant be released on bail subject to his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned trial court. Copy of this order be sent to the concerned Jail Superintendent for being immediately conveyed to the accused/applicant. (JUDGE) AUGUST 4, 2025