The necessity of written grounds for arrest ensures the rights of the accused and preserves judicial integrity, with procedural lapses not alone determining Bail's validity.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. Petition under Section 528 read with Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’)/ Section 482 read with Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.) has been filed on behalf of the Petitioner for Quashing of Order dated 06.05.2025 whereby the Learned ASJ-07, Saket Courts (South-East) granted Bail to the Respondents in FIR No. 127/2024 dated 11.04.2024 under Sections 328 /381 of the Indian Penal Code, 1860 (hereinafter referred to as ‘ IPC ’) registered at Police Station Sarita Vihar and all the proceedings emanating therefrom.

2. The brief facts are that on 11.04.2024, a Complaint was made by the Petitioner at Police Station Sarita Vihar on the allegation that Respondent No. 2, Ms. Sujata Rao who was working as the house-help in the family of the Petitioner, committed theft of jewellery worth more than Rs.10,00,000/- from their house in late 2023. She was under suspicion initially but she abruptly left for her native place. She returned in September, 2023 on coming to know that the Petitioner’s family were searching for house-help to take care of the Petitioner’s aged father, suffering from Parkinson’s disease.

3. During the second stint of service in October-November, 2023, Petitioner’s aged parents repeatedly fell unwell under mysterious circumstances whilst at home. They had to be rushed to hospital at different points of time in October, 2023.

4. In the first week of November, 2023, after being given something to drink by the Respondent No. 2, the Petitioner also fell in a state of stupefaction, in the presence of a chance witness, who has been examined during investigations. The Petitioner then realised that the mystery illness of his parents, was on account of Respondent No. 2 administering unknown stupefying substances to the Petitioner and his aged parents, presumably acting in concert with her husband, who worked at a Chemist Shop, with a motive to cause their deaths and eliminate any potential discovery of her role in commission of theft. The Petitioner’s aged and ailing father never recovered and died some months later on 26.02.2024.

5. After initial investigations, the Respondent No. 2 was arrested on 10.05.2024 and was taken in Police custody for two days and thereafter, was remanded to judicial custody. Pursuant to her disclosures and to the information provided by her, the investigation led to partial recoveries of stolen jewellery, from the establishments located in the vicinity, which offered loans for jewellery.

6. The Respondent No. 2 filed her first Bail Application under Section 439 Cr.P.C. before the Learned Trial Court, which was dismissed on 30.05.2024. Thereafter, the Respondent No. 2 filed Bail Application No. 2099/2024 before this Court wherein the Petitioner also appeared and the Bail Application was dismissed on 03.07.2024.

7. The Charge-Sheet under Sections 328 /381/411/120-B IPC was filed in the Court, on 08.07.2024. The Respondent No. 2’s husband, Pardeep @ Pradeep Rao was also named as an Accused and further investigations were kept open qua him since he was evading arrest.