Delhi High Court Grants Bail To Law Graduate Accused In Mother's Murder, Cites Welfare Of Minor Child

The Delhi High Court has granted bail to a young law graduate booked for the murder of her mother, citing the welfare of her minor child.Justice Sanjeev Narula observed, “The Applicant is a young woman aged 28 years and a single mother to a minor child, who has reportedly been left in the care of her husband's relatives, as the husband is not attending to the child. Prolonged incarceration, in these circumstances, bears directly upon the child's welfare and deprives him of the care and supervision of his natural guardian. The plea for bail, therefore, also warrants consideration on humanitarian grounds.”The Applicant-woman was taken into custody in 2022 for alleged criminal conspiracy with her paramour to kill her mother. The crime was allegedly motivated by the mother's threat to disinherit the Applicant from property, owing to the latter's refusal to resume cohabitation with her husband.As per prosecution, the Applicant confessed to her involvement in the murder, and was thus arrested under Sections 302 (murder) and 120B (criminal conspiracy) of IPC. It was further alleged that pursuant to her disclosure, a stole used to staunch bleeding from the mother's neck was recovered from the rear of their house.The co-accused too confessed to his involvement in the crime and at his instance, blood-stained clothes and murder weapon were recovered, the prosecution said.The High Court observed that the accusation against the Applicant is unquestionably grave. However, it remarked that the same cannot be the sole touchstone to deny bail.In the present case, the Court noted that there are no eye-witnesses and the case rests on circumstantial assemblage, disclosures, recoveries, CDRs, etc.Thus, the Court held that motive alone, in the absence of credible evidence, cannot sustain the charge.“There is, as yet, no cogent material that directly connects the Applicant to the homicidal act; the suggested domestic/property motive, even if assumed, cannot by itself supply the missing link,” it said.The Court added, “It is further significant to note that charges were framed as far back as on 6th February, 2023, and since then, only two out of twenty six Prosecution witnesses have been examined. The protracted nature of the trial and the undue delay in recording evidence also weigh in favour of the Applicant.”It thus granted her bail subject to furnishing a personal bond for a sum of ₹50,000/- with one surety of the like amount.Appearance: Mr. Manish Kumar, Mr. Shrikant Sharma and Dr. Prium Verma, Advocates for Applicant; Mr. Mukesh Kumar, APP with Inspector Muneesh Kr., P.S. Ambedkar Nagar.Case title: Devyani Kundra v. State Of NCT Of DelhiCitation: 2025 LiveLaw (Del) 1398Case no.: BAIL APPLN. 2740/2025Click here to read order

Delhi High Court Grants Bail To Law Graduate Accused In Mother's Murder, Cites Welfare Of Minor Child

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