Delhi High Court - Orders
Vivek Jain vs The State & Anr on 24 February, 2022
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
(VIA VIDEO CONFERENCING)
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3516/2021
VIVEK JAIN ..... Petitioner
Through: Mr. Sumit Choudhary, Advocate.
versus
THE STATE & ANR. ..... Respondents
Through: Mr. Amit Ahlawat, APP for the State
with PSI Richa, PS Shahbad Dairy.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 24.02.2022
1. This is a petition filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in FIR No. 325/2021 under Sections 376/506/509/323 IPC registered at Police Station Shahbad Dairy, Delhi.
2. In brief the facts of the case are that the instant case has been registered on the statement of the complainant wherein she has stated that she got married to Vikas Jain on 07.05.2017 and she started living with her in-law's family at Sec-11, Rohini, Delhi. She further alleged that on 11.05.2017 accused Vivek Jain (petitioner herein), who is the brother-in-law of the complainant forcefully kissed her on her cheek and after 15- 20 days, accused Vivek Jain hit the hip of the complainant with his hand and asked her to establish physical relations with her. It is also alleged that Vivek Jain had tried to establish physical relation with the complainant 15-20 times thereafter. On 12.08.2020 at 01.00 p.m. accused Vivek Jain entered the room of the complainant and kissed her chest and was forcing the complainant and Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:14.03.2022 15:01 (VIA VIDEO CONFERENCING) during this the saree of the complainant got torn and when the complainant told this incident to her husband, he started blaming her only and she remained quiet in order to protect the reputation of the family. It is further alleged by the complainant that on 02.12.2020 around midnight, Vivek Jain came and raped her and even made her objectionable video. After this incident the complainant along with her husband had shifted to sec- 25, Rohini, Delhi. On 28.01.2021 accused Vivek Jain came at her new address and he tried to establish physical relation with the complainant but the complainant made noise and petitioner abused her and ran away from the spot. On 19.02.2021 Vivek Jain again came to the house of complainant at sec 25, Rohini, Delhi and established physical relation with the complainant and threatened her to make her video viral. She also stated that CAW Cell proceedings are also going on against her husband. The complainant also stated that on 24.06.2021 she was in a park and two unknown people approached her and threatened her to take her case back. During the investigation of the case the medical examination of the victim was got conducted at M.V Hospital, Delhi vide MLC No. 3597/21, on which Doctor opined "A/H/O Sexual Assault 04 months back on 19.02.21 around 02.00 am. No fresh complain" and "Sample not collected as incident happened 04 months back." Further, on 26.06.2021 statement U/s 164 Cr.P.C. of the victim got recorded in the Court of Ld. Ms. Reetika Jain, Rohini Court, Delhi.
3. A perusal of the previous order sheets would show that the petitioner was granted interim protection on 22.09.2021.
Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:14.03.2022 15:01(VIA VIDEO CONFERENCING)
4. I have heard the learned counsel for the petitioner and the learned APP for the State and perused the status report filed by the state.
5. It is submitted by the learned counsel for the petitioner that petitioner is the brother-in-law/Devar of the prosecutrix and the allegations against petitioner are that since the third day of the marriage of prosecutrix the petitioner has been allegedly sexually harassing her and had raped her on 02.12.2020, 28.01.2021 and lastly on 19.02.2021. It is further submitted that the allegations per se are false and appear to be an afterthought since though the allegations start with effect from 07.05.2017 itself, but the prosecutrix in her complaint under Section 12 of the DV Act filed on 21.06.2018 is silent about such allegations of sexual harassment and rape by the petitioner herein and reference is also made to a copy of joint settlement dated 10.12.2019 between the prosecutrix and her husband wherein also she has not uttered about these facts. It is further submitted even if the statement of the prosecutrix is taken to be correct then also last offence was allegedly committed on 19.02.2021 and FIR is registered on 26.06.2021, hence there is considerable delay in registration of the FIR.
6. Learned APP for the State has argued on the lines of the status report and submitted that the petitioner had joined the investigation and the chargesheet after the completion of investigation has been filed without arrest. It is further submitted that the petitioner had presented his mobile phone make i-phone black colour and the mobile phone had been sent to FSL, Rohini, Delhi.
7. Keeping in view the fact that the petitioner has joined the investigation and the chargesheet has already been filed without arrest, the Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:14.03.2022 15:01 (VIA VIDEO CONFERENCING) interim protection granted to the petitioner vide order dated 22.09.2021 is made absolute and it is directed that in the event of arrest, the petitioner be released on anticipatory bail subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the concerned Arresting Officer/Investigating Officer/SHO of the concerned Police Station and also subject to the following further conditions:
(i) The petitioner shall furnish his mobile number to the concerned Investigating Officer, which shall be kept operational at all times during the pendency of the trial.
(ii) The petitioner 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 petitioner shall regularly appear before the Trial Court during the pendency of the trial.
(iv) In case of change of contact details/residential address, the petitioner shall promptly inform the same to the concerned Investigating Officer as well as to the Trial Court.
8. The bail application is disposed of in the above terms.
RAJNISH BHATNAGAR, J FEBRUARY 24, 2022 p Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:14.03.2022 15:01