Delhi High Court Dismisses Bail Application in Murder Appeal.

Headnote:

The Delhi High Court dismissed the bail application of Vinod Gupta in CRL.A. 459/2025 seeking suspension of his life sentence under Section 430 read with Section 528 BNSS, 2023 during the pendency of his appeal. The Court observed that the prosecution had convincingly established the appellant’s guilt for the murder of Sweety @ Chanda, including reliance on dying declaration, and there was no compelling reason to suspend the sentence.

Background:

1. The appellant, Vinod Gupta, was convicted under Section 302 IPC by the trial court for the murder of Sweety @ Chanda in 2015.
2. FIR registered based on statement of Sushil Das (PW-3) whose daughter Soni (PW-1) witnessed the immediate aftermath of the stabbing.
3. The deceased succumbed to injuries after being transported to the hospital by PCR.
4. The appellant pleaded innocence, claiming enmity with Sushil Das and challenging the veracity of witness statements.

Arguments:

1. Appellant: No eyewitness to the murder, dying declaration and testimonies of PW-1, PW-2, and PW-3 are unreliable; recovery of weapon unconvincing; prosecution failed to prove guilt beyond reasonable doubt.
2. State (APP): Trial court rightly convicted; dying declaration credible; appellant resided with deceased and failed to provide alibi; case proved beyond reasonable doubt.

Court’s Findings:

1. Statements of PW-1 (Soni), PW-2 (Saraswati), and PW-3 (Sushil Das) clearly indicated the deceased was stabbed by the appellant.
2. No credible evidence to justify suspension of sentence.
3. Bail application dismissed.

Decision:

1. Bail application dismissed.
2. Matter listed in due course.

Coram:

Hon’ble Mr. Justice Vivek Chaudhary & Hon’ble Mr. Justice Manoj Jain

Citation: CRL.A. 459/2025