Order 29

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IA No. 5/25 in SC No. 22/2024
State vs. Surender Singh
FIR No. 382/2023
PS Mukherjee Nagar
24.11.2025
Matter taken up today on an application u/s 483 BNSS moved on
behalf of applicant/accused seeking regular bail.
Present : Sh. J.S. Malik, Ld. Addl. PP for the State.
Sh. Chander Shekhar Yadav, Ld. Counsel for the
complainant (through VC).
Ld. Counsel for the applicant/accused.
1. This is an application u/s 483 BNSS moved on behalf of
applicant/accused Surender Singh seeking regular bail.
2. Reply has already been filed by the IO and the same is
on record.
3. Arguments heard. Record perused. Ld. Counsel for the
applicant/accused seeks bail for the applicant/accused on the
following grounds :- (i) The applicant/accused is innocent and he
has been falsely implicated in the present case; (ii) Chargesheet has
already been filed; (iii) Case of the prosecution depends upon
circumstantial evidence only and there is no possibility of the
applicant/accused threatening the witnesses or tampering with the
evidence; (iv) There is no flight risk with the applicant/accused; (v)
The applicant/accused has clean antecedents and does not have any
previous criminal involvement in any other criminal case. In fact, he
was a government servant at the time of alleged incident; (vi) The
incident regarding missing of deceased Monika was brought to the
notice of the police in the year 2021 itself. However, the present
case was registered after the delay of two years i.e. in the year 2023;
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(vii) Assumption of innocence is in favour of the applicant/accused;
(viii) Co-accused Ravin and Rajpal have already been granted bail
by Hon’ble High Court of Delhi; and (ix) The applicant/accused is in
JC since 29.09.2023; it will take considerably long time to conclude
the trial and he cannot be kept in JC for an indefinite period.
4. Ld. Addl. PP for the State has strongly opposed the present
application and has prayed for its dismissal.
5. I have heard Ld. Counsel for the applicant/accused, Ld.
Addl. PP for the State and have perused the record. The allegations
against the applicant/accused, as per the chargesheet, are that he was
working in Delhi Police as a Constable and the deceased Monika
Yadav was also working in Delhi Police; both of them were in
relationship. However, since the applicant/accused was already
married, the deceased was not willing to continue with relationship.
Frustrated with her refusal, the applicant/accused called her to a
seluded place and threw her from a bridge; as a result of fall, Monika
became injured, but did not die immediately. Thereafter in order to
kill her, the applicant/accused thrust her in water leading to her
death.
6. As per reply filed by the IO, the applicant/accused is the
main culprit and committed murder of the deceased.
7. The allegations against applicant/accused are of gravest
kind i.e. murder. The applicant/accused is stated to be the main
culprit, so there is no parity with the co-accused who have been
granted bail by the Hon’ble High Court of Delhi. The matter is at the
stage of arguments on the point of charge and material public
witnesses are yet to be examined. In the above facts and
circumstances and in view of nature and gravity of offence, no
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ground is made out to grant bail to the applicant/accused, at this
stage. The present application is accordingly dismissed.
8. Copy of this order be given dasti to the Ld. Counsel for the
accused and to the IO and be also sent to Jail Superintendent
concerned for information.
9. Put up for purpose fixed on date already fixed i.e.
05.12.2025.
(JAGMOHAN SINGH)
ASJ-03, North District
Rohini Courts, Delhi/24.11.2025
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