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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on: 18^th December, 2025

Pronounced on: 22nd December, 2025

+ BAIL APPLN. 3206/2025

SAWAN DABAS

S/o Jitender

R/o H.No.26B,

Sultanpur Dabas, Delhi.

.....Petitioner

Through: Mr. Adarsh Priyadarshi, Mr. Amit

Dwivedi and Mr. Apoorv Shankar,

Advocates.

versus

STATE NCT OF DELHI

Through SHO PS Bawana.

.....Respondent

Through: Mr. Utkarsh, APP for the State.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. First Bail Application under Section 483 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) has been filed

on behalf of the Applicant/Petitioner Sawan Dabas seeking Regular Bail

in case FIR No.841/2022 under Section 365/302 of the Indian Penal Code,

1860 (hereinafter referred to as “IPC”), registered at Police Station

Bawana.

2. The brief facts of the case are that on 23.09.2022, Shri Niwas, father

of the deceased, lodged a missing Complaint in regard to his missing

daughter which was registered vide DD No.152A, at P.S. Bawana. Upon

Signature Not Verified

Digitally Signed By:ANIL

KUMAR BHATT

Signing Date:22.12.2025 BAIL APPLN. 3206/2025 Page 1 of 9

19:31:20

examination of the CCTV footage from the vicinity, it was revealed that the

deceased was last seen going alone carrying a red coloured bag and a red

coloured plastic bag. After two months of the information, on 19.11.2022

the father of the deceased submitted an Application to the SHO, P.S.

Bawana alleging that his daughter had been missing since about 04:30 P.M.

on 20.09.2022 and has been allegedly kidnapped by the Applicant. The

father also stated that on 28.09.2022, he found a photograph of the Applicant

along with his phone number in the books of the deceased and that the

Applicant was also missing from his house.

3. During the investigations, it was found that the Applicant was missing

from his residence since 22.09.2022. The father of the Applicant had also

lodged a missing Report on 23.09.2022 at P.S. Bawana, which was

registered as DD No.57A.

4. On the same date i.e. 24.11.2022, ASI Rajesh from P.S. Badli

informed via telephone that the dead body of the deceased daughter of the

Complainant, has been found on 22.11.2022 in the jurisdiction of P.S. Badli.

The dead body was identified by the parents of the deceased. A Medical

Board was constituted for the Post Mortem Examination.

5. Subsequently, on 24.11.2022 an FIR was registered under Section 365

IPC at P.S. Bawana, on the Complaint of the father of the deceased.

6. On 28.11.2022, the Applicant was apprehended near Japanese Park,

Rohini and his Confessional Statement was recorded. Since then, the

Applicant is in Judicial Custody. After completion of investigations, the

Chargesheet was filed on 25.02.2023.

7. The Application for Regular Bail of the Applicant was dismissed on

13.01.2025 by the learned ASJ.

Signature Not Verified

Digitally Signed By:ANIL

KUMAR BHATT

Signing Date:22.12.2025 BAIL APPLN. 3206/2025 Page 2 of 9

19:31:20

8. The Bail is sought on the grounds that the trial is proceeding at

snail’s pace. Since last three years, examination of only 1 witness has

completed out of 40 Prosecution Evidence relied upon in the Chargesheet.

Two witnesses have been cited in the first Supplementary Chargesheet and

two more witnesses in the second Supplementary Chargesheet. The

conclusion of the trial is likely to take many years.

9. There is a contradictory Medical Opinion in the Post Mortem Report.

Dr. Dhiraj D. Bhuchde has opined the cause of death as “Asphyxia due to

ante-mortem smothering and blunt force”. Dr. Amandeep Kaur, however,

has stated that the finding consistent with “drowning”. There are two

opposite Medical Opinion which strike at the root of the Prosecution case

and make the cause of death highly doubtful.

10. The deceased was an adult, 19 year old girl. She had travelled

extensively with the Petitioner to Manali, Panipat, Goa, Mumbai, Rishikesh,

Haridwar and Delhi and had stayed in hotels for weeks. It clearly shows the

consensua