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Beenu Tiwari vs State Govt Of Nct Of Delhi on 2 December, 2021

Author: Subramonium Prasad

Bench: Subramonium Prasad

                             $~18
                             *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +      BAIL APPLN. 4008/2021
                                    BEENU TIWARI                                                ..... Petitioner
                                                        Through       Mr. Nitin Goel, Advocate

                                                        versus

                                    STATE GOVT OF NCT OF DELHI                  ..... Respondent
                                                 Through   Ms. Kusum Dhalla, APP for the State
                                                           with Inspector Pravin Kumar, PS
                                                           Badarpur
                                                           Mr. Vibhor Gupta, Mr. Rohit Yadav,
                                                           Advocate for the complainant

                                    CORAM:
                                    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                            ORDER

% 02.12.2021

1. The petitioner seeks bail in the event of arrest in FIR No. 510/2021 dated 08.09.2021 registered at Police Station Badarpur for offences under Section 354, 354A, 354D, 506, 509 IPC read with Section 67 of the Information Technology Act, 2000 by filing the instant application under Section 438 Cr.P.C.

2. Notice was issued on 11.11.2021. Status Report has been filed. Status Report reveals that the FIR has been registered on the statement of one Sangeeta Choubey @ Kajal wherein she stated that she is a social worker. It is stated that she came in contact with the petitioner herein.

3. It is stated that the petitioner started visiting her residence in October, 2020. It is stated that the petitioner started touching her indecently and Signature Not Verified BAIL APPLN. 4008/2021 Page 1 of 4 Digitally Signed By:HARIOM SINGH KIRMOLIYA Signing Date:06.12.2021 17:46:31 slapped her and also demanded money. It is stated that she gave Rs.60,000/- to him as a friendly loan.

4. It is stated that when she came to know that the petitioner is alcoholic having no source of income, she started avoiding him and told him not to visit her house. It is stated that the petitioner started sending her vulgar messages to her on Facebook and tried to assassinate her character. It is also stated that the petitioner made a fake Facebook account in her name. On the said complaint, the instant FIR was registered.

5. The Status Report indicates that the statement of the complainant has been recorded under Section 164 CrPC. Though initially, the petitioner did not join investigation but after notice under Section 41A CrPC was issued, the petitioner joined investigation. The Status Report further shows that the complainant has provided the copies of the screenshots of messages sent by the petitioner. It is stated that the phone of the petitioner has been taken into custody. It is stated that the fake Facebook account has been closed.

6. Heard Mr.Nitin Goel, learned counsel for the petitioner, Ms. Kusum Dhalla, learned APP for the State and Mr. Vibhor Gupta, learned counsel for the complainant and perused the material on record.

7. The petitioner is accused of offences under Section 354, 354A, 354D, 506, 509 IPC and Section 67 of the Information Technology Act. The allegations against the petitioner are bailable in nature. The petitioner has also joined investigation.

8. Mr. Vibhor Gupta, learned counsel appears for the complainant. He states that after the interim protection had been granted by this Court and the petitioner had been threatening by sending vulgar messages to the complainant. However, there is nothing on record that any complaint has Signature Not Verified BAIL APPLN. 4008/2021 Page 2 of 4 Digitally Signed By:HARIOM SINGH KIRMOLIYA Signing Date:06.12.2021 17:46:31 been made to the Investigating Officer. This Court is not inclined to take the statement of the complainant only on mere ipse dixit without there being any written complaint given by her.

9. Considering the fact that the Facebook account of the petitioner has been brought down, the petitioner has joined investigation, the phone of the petitioner has been seized and all the documents are in the custody of the Court, this Court is inclined to grant bail to the petitioner in the event of arrest on the following conditions:-

i. The petitioner shall furnish a personal bond in the sum of Rs.35,000/- with two sureties of the like amount to the satisfaction of the Trial Court.

ii. The memo of parties shows that the petitioner is the resident of H.No.29, Gali No.2, Ekta Vihar Meetha Pur Extn, Badarpur, Delhi- 110044. He is directed to reside at the same address and change in the said address shall be intimated to the Investigating Officer. iii. The petitioner is directed not to tamper with the evidence or contact the complainant directly or indirectly. iv. The petitioner is directed to give all mobile numbers to the Investigating Officer and shall keep them operational at all times. v. The petitioner is directed not to leave NCT of Delhi. vi. The petitioner shall cooperate with the investigation and join investigation as and when called for by the Investigating Officer. vii. The petitioner is directed not send any kind of message to the complainant. In case the petitioner sends any message to the complainant, if substantiated, the bail granted to the petitioner shall automatically stand cancelled.

10. The petition is disposed of along with pending application(s), if any.

SUBRAMONIUM PRASAD, J DECEMBER 2, 2021 hsk Signature Not Verified BAIL APPLN. 4008/2021 Page 4 of 4 Digitally Signed By:HARIOM SINGH KIRMOLIYA Signing Date:06.12.2021 17:46:31