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Syed Fazal Bari vs State (Nct Of Delhi) & Ors on 21 July, 2022

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~51
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      BAIL APPLN. 2188/2022
                                 SYED FAZAL BARI                                    ..... Petitioner
                                               Through:            Mr.Mohit Mathur, Sr. Advocate with
                                                                   Mr.Madar Mahmood, Advocate.
                                            versus
                              STATE (NCT OF DELHI) & ORS.                ..... Respondents
                                            Through: Mr.Laksh Khanna, APP for State.
                                                       Mr.K.K. Manan, Sr. Advocate with
                                                       Ms.Uditi Bali and Mr.Jatin Singh,
                                                       Advocates for Respondent No.2.
                          CORAM:
                          HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
                                            ORDER

% 21.07.2022 CRL.M.A. 13952/2022 Exemption allowed, subject to all just exceptions. Application stands disposed of.

1. This is an application preferred on behalf of the petitioner under Section 438 read with Section 482 Cr.P.C. for anticipatory bail in FIR No.432/2022, under Sections 376/377/34 I.P.C. registered at Police Station:

Patel Nagar, Delhi.

2. Issue notice. Learned APP for the State and Mr.K.K. Manan, Sr. Advocate for respondent No.2 appear on advance notice and accept notice.

3. Learned counsel for the petitioner submits that anticipatory bail application, preferred on behalf of the petitioner, has been declined by the learned Sessions Court vide order dated 19.07.2022.

It is submitted that allegations in the present FIR arise out of Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:22.07.2022 19:09:43 matrimonial disputes between the complainant and Varun Nagpal (brother-in-law of petitioner). It is urged that due to matrimonial differences proceedings under Sections 107/150 Cr.P.C. were lodged against the respondent No.2 and her mother.

Further, a complaint was lodged by the complainant, which culminated into registration of separate FIR No.368/2022 on 25.05.2022, under Sections 509/506/34 I.P.C. at Police Station: Patel Nagar. However, no allegations were made at aforesaid time with respect to the present complaint which has resulted in registration of FIR No.432/2022, under Sections 376/377/34 I.P.C. at Police Station: Patel Nagar Ganj on 08.07.2022.

4. Learned APP for the State along with learned counsel for respondent No.2 oppose the application for interim protection on the ground that custodial interrogation of the petitioner is required.

5. At the outset, it may be observed that matrimonial differences between complainant and her husband led to initiation of proceedings under Sections 107/150 Cr.P.C. in September, 2021 and as such the parties were already in touch with their counsels. The prosecution has yet to come with a reasonable explanation as to why the allegations in respect of the present FIR were not reflected in earlier FIR No.368/2022 made by the complainant.

Considering the totality of facts and circumstances, no coercive action shall be taken against the petitioner till the next date of hearing. However, petitioner is directed to join the investigation as and when required.

List on 09.09.2022.

ANOOP KUMAR MENDIRATTA, J.

JULY 21, 2022/R Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:22.07.2022 19:09:43