Nanni @ Nanhi vs. The State of NCT of Delhi
Background
The applicant, a woman, has been in custody since 16 July 2025 in FIR No. 0126/2025 of P.S. Civil Lines, Delhi, registered under the Bharatiya Nyaya Sanhita. The prosecution alleges she joined a street fight in March 2025 in which a complainant was attacked with a broken blade, bricks and sticks. The defence says she was only seen holding a stick and was not shown to have injured anyone, and the State's own status report accepts she did not inflict any injury.
Decision Breakdown
The Court granted regular bail. It noted that 29 prosecution witnesses were still to be examined and that the trial was unlikely to conclude soon, and it relied on the State's status report that she did not inflict injuries. Her mere presence at the scene and holding a stick were not treated as proof of participation or of a common intention to cause harm. She was released on a personal bond of Rs 25,000 with one surety, subject to conditions including appearing on every hearing date, reporting to the local police station every Monday, and not tampering with evidence or influencing witnesses.
Lesson Learnt
Being present at the scene of an incident does not by itself prove participation in an offence. When a trial is slow and the accused has been in custody for a long time, courts can grant bail on conditions.