Delhi HC Grants Bail To Man Accused Of Stabbing Mother-In-Law After Over Four Years In Custody, Citing Simple Neck Injuries

The applicant sought regular bail in FIR No. 522/2022, registered at Police Station Kotwali for an offence under Section 307 IPC.

The prosecution alleged that the applicant stabbed the complainant de facto, his mother-in-law, in the neck.

The initial police information, however, reported that she had been shot by an unknown person.

The complainant and her family members had been examined at trial; the applicant had been in custody for more than four years.

The MLC recorded two lacerated neck wounds, assessed as simple, and the complainant was discharged the same day.

The application concerned regular bail in a prosecution under Section 307 IPC.

The Court assessed the request by considering the circumstances relevant to continued pre-trial detention, including the nature of the injuries, the period spent in custody, and the stage of the trial.

No precedent or more specific bail doctrine was cited in the judgment.

The Court noted that the first information described a gunshot injury caused by an unknown person, while the subsequent account alleged stabbing by the applicant; the prosecution’s explanation that the informant was illiterate did not satisfactorily resolve this discrepancy, although the trial court was to assess the evidence independently.

The Court also considered that the MLC classified the injuries as simple, the complainant had been discharged on the same day, the applicant had been in custody for more than four years, and the complainant and her family members had already been examined.

In light of those circumstances, it found no basis to continue depriving the applicant of his liberty.

It directed that a copy of the order be sent to the concerned Jail Superintendent and disposed of the pending application.