Delhi High Court - Orders
Parikshit Singh vs State Govt. Nct Of Delhi on 23 August, 2021
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~10.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2746/2020
PARIKSHIT SINGH ..... Petitioner
Through: Mr. Ajayinder Sangwan and
Mr. Summinder Paswan, Advocates
versus
STATE GOVT. NCT OF DELHI ..... Respondent
Through: Ms. Neelam Sharma, APP for State with
W/SI Radha Goswami (Mob. No.8376024068)
Mr. Pawan Kumar Mittal, Advocate for
complainant with complainant in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 23.08.2021
1. The matter is taken up today as 20.08.2021 was declared a holiday on account of 'Muharram'.
2. The present bail application has been filed under Section 438 Cr.P.C. on behalf of the applicant seeking anticipatory bail in FIR No. 350/2020 registered under Sections 376/385/506/509 IPC at Police Station Delhi Cantt, Delhi.
3. Learned counsel for the applicant has referred to the FIR to submit that the allegations levelled in the FIR are of the period from 21.04.2014 to 14.12.2015 whereas the present FIR came to be lodged five years later i.e., on 03.09.2020. It was also alleged that on 06.08.2020, the applicant had demanded Rs.20 lacs from the complainant. He has submitted that the complainant is the applicant's legally wedded wife and in this regard has referred to the Arya Samaj Marriage Certificate placed on the record. While referring to the WhatsApp chats between the applicant and the complainant, it was submitted that the same would show that the relationship between them remained cordial and the complainant never complained of any alleged incident. It is also submitted that the complainant has travelled to various places with the applicant which would run contrary to her allegations made in the FIR. It is also submitted that the charge sheet has already been filed.
4. Learned APP for the State, duly assisted by learned counsel for the complainant, has opposed the bail application. It has been disputed that the complainant had any marital relations with the applicant. It is also submitted that the applicant after being granted interim protection order had made a call on 15.10.2020 which was for a duration of 108 seconds.
5. I have heard learned counsels for the parties and have also gone through the Status Report.
6. As per the Status Report, the mobile phones seized during investigation were sent for FSL examination. In the FIR, it was alleged that the applicant had made objectionable videos however, as per the FSL report, no obscene video and photographs were retrieved from the applicant's mobile phone. The WhatsApp chats have been stated to be verified. It is also stated that the chats between the applicant and the complainant are friendly and abusive. It is further stated that WhatsApp chats indicate about discussion with respect to a land and registry. Insofar as the transfer of amount from the complainant's and her husband's account is concerned, it has been stated that some transactions occurred from 28.10.2014 to 17.01.2015 and during investigation it has come on record that a land measuring 1.26 Bigha situated at village Sakhtpura Bawad, Tehsil Mundawar, District Alwar, Rajasthan was purchased wherein 45% share belonged to the applicant, 45% share belonged to the complainant and 10% share belonged to one Mr. Dinesh Kumar, who had confirmed the same on phone.
7. So far as the call made on 15.10.2020 is concerned, the Status Report also confirms the factum of the aforesaid call. The complainant had also written a complaint dated 16.10.2020 to the SHO, P.S. Delhi Cantt about the call however, neither in the said complaint nor in the application being CRL.M.A. 953/2021 filed by the complainant under Section 439(2) Cr.P.C., it has been mentioned as to what was stated in the said call.
8. Looking into the aforesaid facts and circumstances, it is directed that in the event of arrest, the applicant be released on anticipatory bail subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned police station and also subject to the following further conditions:
i) The applicant shall remain available on mobile number i.e., 8440911111, which he undertakes to keep operational at all times during the trial;
ii) The applicant shall not directly or indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence;
iii) The applicant shall regularly appear before the Trial Court during the period of trial;
iv) In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned Investigating Officer/SHO.
9. The application stands disposed of in the above terms.
10. Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case.
MANOJ KUMAR OHRI, J AUGUST 23, 2021 na Click here to check corrigendum, if any