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Vijay Kumar vs. The State (Govt of NCT of Delhi)

Bail Application · CNR No. DLHC010350872026Decided 23 Sept 2026New Delhi Bench
BAIL APPLN. 3088/2026CNR: DLHC010350872026
Justice Mini Pushkarna

Background

The applicant-husband was arrested on 28.01.2025 in FIR No. 91/2025 (PS Dwarka South) after allegedly attacking his wife during a courtroom hearing in one of their ongoing matrimonial cases, an offence under Section 109(1) BNS. He had earlier filed six bail applications before the Trial Court, of which four were withdrawn and two dismissed. By the time of this hearing, the wife had withdrawn all matrimonial cases against him, including divorce and guardianship petitions.

Decision Breakdown

The complainant-wife appeared in Court and told the judge directly that she had withdrawn all cases, no longer wished to pursue the criminal case, and intended to resume living with her husband's family once he was released; the couple has an 11-year-old son. The State, in view of the complainant's stance, also had no objection to bail. The Court granted regular bail on a personal bond of Rs. 25,000 with surety, subject to standard conditions such as appearing at every hearing, providing address and mobile number to police, weekly reporting to the police station, and not tampering with evidence or committing any further offence.

Lesson Learnt

In matrimonial-dispute-linked criminal cases, genuine reconciliation confirmed directly by the complainant to the Court, including withdrawal of connected civil/matrimonial proceedings, is a significant factor courts weigh heavily in favour of granting bail, even where custody and formal charges remain.

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