Allowed¶11

Salma v. State NCT of Delhi

Delhi HC19 Feb 2026BAIL APPLN./3188/2025

Case brief

AI extract

What is this about?

Salma anticipatory bail Delhi High Court BAIL APPLN. 3188/2025 Manoj Jain 19.02.2026 FIR No. 242/2025 P.S. Pandav Nagar Section 108 BNS 2023 Section 3(5) BNS abetment suicide Sections 306/34 IPC Shabana suicide Wasim dowry harassment Nasir Malik ante-mortem hanging suicide note forced abortion FIR No.115/2025 Sections 498A/406/354/34 IPC charge-sheet filed trial without arrest interim order made absolute personal bond Rs. 25,000/- one surety father-in-law brother-in-law judicial custody husband absconding disownment public notice 2021.

What did the court decide?

Anticipatory bail granted to applicant Salma - interim order made absolute; she is to be released on bail on furnishing personal bond of Rs. 25,000/- with one surety of like amount before the learned Trial Court, as and when summoned upon taking of cognizance; the application stands disposed of.

Salma Vs State NCT of Delhi — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the applicant Salma in the case arising out of FIR No. 242/2025 dated 28.05.2025 (P.S. Pandav Nagar) for offences under Sections 108/3(5) BNS 2023, corresponding to Sections 306/34 IPC.

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Court's answer

Anticipatory bail granted: keeping in mind the overall facts and coupled with the fact that the charge-sheet has already been filed, the interim order (no coercive steps since 29.08.2025) is made absolute and the applicant is directed to be released on bail on furnishing a personal bond of Rs. 25,000/- with one surety of like amount before the learned Trial Court, as and when, upon taking of cognizance and being summoned, she is required to appear before it.

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Key takeaways

The grant of bail was made without expressing any opinion with respect to the merits of the case.obiter¶11

Detailed headnote1 paragraphs

Delhi High Court (Manoj Jain, J., 19.02.2026) in BAIL APPLN. 3188/2025 - Salma v. State NCT of Delhi: anticipatory bail granted in case FIR No. 242/2025 dated 28.05.2025, P.S. Pandav Nagar, under Sections 108/3(5) BNS 2023 (corresponding Sections 306/34 IPC), arising from the suicide of Shabana-deceased on 26.05.2025 amid allegations of physical and mental dowry harassment recorded by her father Nasir Malik, and prosecution reliance on a suicide note alleging forced abortions; an earlier FIR No. 115/2025 under Sections 498A/406/354/34 IPC stood registered on the deceased's own complaint. With the charge-sheet already filed and the applicant facing trial without arrest (interim no-coercive-step direction of 29.08.2025 subsisting), the interim order was made absolute: release on personal bond of Rs. 25,000/- with one surety of like amount before the Trial Court upon cognizance and summons. No opinion expressed on merits. Co-accused father-in-law and brother-in-law in judicial custody; husband-Wasim absconding; applicant pleaded disownment of the couple vide 2021 newspaper public notice.

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 3188/2025 SALMA

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.....Petitioner

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Through: Mr. Shafik Ahmed, Advocate (through V.C.)

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versus

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STATE NCT OF DELHI

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.....Respondent Through: Mr. Sunil Kumar Gautam, APP for the State SI Lavkant.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ JAIN

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O R D E R

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% 19.02.2026

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Applicant seeks anticipatory bail in a case arising out of FIR No. 242/2025 dated 28.05.2025, for commission of offences under Sections 108/3(5) of Bharatiya Nyaya Sanhita, (BNS) 2023 (corresponding Sections 306/34 IPC), registered at P.S. Pandav Nagar.

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The marriage between Wasim and Shabana-deceased (daughter of complainant) took place on 14.04.2014. However, Shabana allegedly committed suicide on 26.05.2025 by hanging herself and her 4 year old daughter.

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The police recorded statement of Mr. Nasir Malik (father of Shabana), wherein he claimed that his daughter was being harassed physically and mentally for want of dowry by her husband and other family members. It was in the abovesaid backdrop, that FIR for abetment of suicide was registered.

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When asked, learned APP for the State, on instructions, submitted that

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BAIL APPLN. 3188/2025 1

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2026 at 10:55:17

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the case was found to be of ante-mortem hanging only and there is no angle of homicide, involved in the present matter.

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Prosecution strongly relies upon one suicide note left behind by the deceased wherein she had, inter alia , alleged that she was forced to abort her child on multiple occasions by her husband and in-laws. It is also apprised that on the basis of one earlier complaint, FIR No.115/2025, was got registered by Shabana during her lifetime, for offences under Sections 498A/406/354/34 IPC, in which she had leveled allegations against her husband, parents-in-law and brother-in-law.

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Fact remains that when the present petition was taken up by the learned Predecessor Bench on 29.08.2025, there was direction not to take any coercive step against the applicant herein, subject to her joining investigation and such order continues to be in operation. 7. Learned APP for the State, on instructions from IO, informs that she had joined the investigation and that the charge-sheet has already been filed. Such charge-sheet is also directed against the applicant herein, who has been sent to face trial, without being arrested.

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Father-in-law and brother-in-law of deceased are already in judicial custody, albeit , husband-Wasim is absconding. 9. The prime-most argument coming from the side of applicant is to the effect that they had severed all their ties with their son-Wasim and his wife-Shabana. According to learned counsel for the applicant, applicant and her husband had disowned their both sons and their respective daughters-in-law and public notice was also issued in Newspaper, way back in the year 2021.

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Admittedly, the suicide has been committed by Shabana at her parental

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BAIL APPLN. 3188/2025 2

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2026 at 10:55:17

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home, where she was residing since 2023.

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Keeping in mind the overall facts and without expressing any opinion with respect to the merits of the case, coupled with the fact that charge-sheet has already been filed, the interim order is hereby, made absolute and the applicant is directed to be released on bail on her furnishing personal bond in a sum of Rs. 25,000/- with one surety of like amount, before the learned Trial Court, as and when, on the basis of taking cognizance, and being summoned by the learned Trial Court, she is required to appear before it.

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The application stands disposed of.

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MANOJ JAIN, J

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FEBRUARY 19, 2026/ss/sa

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BAIL APPLN. 3188/2025 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2026 at 10:55:17

Procedural history

How this case reached the court

AI extract

Prior proceeding
Registration of FIR No. 242/2025 dated 28.05.2025 at P.S. Pandav Nagar for offences under Sections 108/3(5) BNS 2023 (corresponding Sections 306/34 IPC), i.e., abetment of suicide, out of which the present anticipatory bail application arises.¶1
Prior proceeding
Background facts: marriage of Wasim with Shabana-deceased (daughter of complainant) on 14.04.2014; Shabana allegedly committed suicide on 26.05.2025 by hanging herself and her 4-year-old daughter; the suicide took place at her parental home where she resided since 2023.¶2
Prior proceeding
Police recorded statement of Mr. Nasir Malik (father of Shabana) alleging his daughter was harassed physically and mentally for dowry by her husband and other family members; on that backdrop FIR for abetment of suicide was registered.¶3
Prior proceeding
Learned APP for the State, on instructions, submitted that the case was found to be of ante-mortem hanging only and there is no angle of homicide involved.¶4
Prior proceeding
Prosecution relies upon a suicide note left by the deceased alleging she was forced to abort her child on multiple occasions by her husband and in-laws.¶5
Prior proceeding
On the basis of an earlier complaint by Shabana during her lifetime, FIR No. 115/2025 was registered under Sections 498A/406/354/34 IPC against her husband, parents-in-law and brother-in-law.¶5
Prior proceeding
On 29.08.2025 the learned Predecessor Bench directed that no coercive step be taken against the applicant, subject to her joining investigation; that order continued to be in operation.¶6
Prior proceeding
As informed by the learned APP on instructions from the IO, the applicant joined the investigation; the charge-sheet has been filed and is also directed against the applicant, who has been sent to face trial without being arrested.¶7
Prior proceeding
Status of co-accused: father-in-law and brother-in-law of the deceased are in judicial custody; husband-Wasim is absconding.¶8
Prior proceeding
Applicant's principal contention: she and her husband had severed all ties with son-Wasim and wife-Shabana, having disowned both sons and their respective daughters-in-law, with a public notice issued in a newspaper way back in 2021.¶9

Salma v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Salma v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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