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Delhi High Court - Orders

Varun Goel vs State Govt. Nct Of Delhi on 25 September, 2020

Author: Anu Malhotra

Bench: Anu Malhotra

                          $~11
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      BAIL APPLN. 2297/2020
                                 VARUN GOEL                               ..... Petitioner
                                                Through: Mr. Ajayinder Sangwan, Adv.

                                                    versus

                                 STATE GOVT. NCT OF DELHI                  ..... Respondent
                                               Through:  Mr. Kamal Kr. Ghei, APP for State.
                                                        Mr. Jitender Kr. Dhingra, Adv. for
                                                        complainant.
                                 CORAM:
                                 HON'BLE MS. JUSTICE ANU MALHOTRA
                                         ORDER

% 25.09.2020 Vide the proceedings dated 11.09.2020 it has already been recorded that the prayer made through the present application i.e. BAIL APPLN. 2297/2020 has been confined to the grant of interim bail only for a period of 45 days in view of the birth of the son of the applicant on 14.06.2020 and that the applicant seeks to meet the child.

Vide order dated 17.09.2020, in view of the submissions that have been made in the status report dated 16.09.2020 under signatures of the SHO of Police Station Chhawla, New Delhi to the effect that the complainant had informed that she had been receiving threatening calls from unknown persons and one of the persons named Prince Verma had threatened her from his mobile phone No.9548080471 with an acid attack and to kill her if she did not withdraw the case in relation to which she had filed two complaints at PS Chhawla, Delhi vide DD No.62A dated 01.04.2020 and complaint No.000792 dated 07.07.2020 and the status of investigation in Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:26.09.2020 12:59 relation thereto was directed to be placed on record vide order dated 24.08.2020 which having not been placed on record, the State was directed to submit the same. The State has sought to submit the CDRs of the alleged mobile no.9548080471 qua the alleged threats meted out to the prosecutrix submitting to the effect that the said number was indicated to be somewhere at U.P., Hathras and, thus, time was sought for the same with it was considered essential to ascertain the CDRs in relation to the alleged threatening calls given to the complainant at the alleged behest of the petitioner, the said CDRs details were directed to be submitted by the State.

The status report that has been submitted on behalf of the State dated 23.09.2020 under signature of the SHO, PS Chhawla reads to the effect:

"During the course of enquiry, it has been found that above said mobile is always on the mode of Switch Off and used only for Whats App. Moreover, HC Sunil No. 1249/DW visited the given address as above. Sincere efforts was made with the help of local police of PS Kotwali Hathras but the above said address and alleged person could not be trace out. Further accused Varun Goel's family member Mobile No. 9634656867 &9756588404 also verified given by complainant No. 9548080471 but no Call has been found between the above said Mobile numbers. In this regard Complainant also examined regarding complaint which was given by her in DD No.62A dt. 01.04.2020 at PS Chhawla and she stated that screen shot of whatsapp message/chat regarding threatening could not be taken, because whatsapp message/chat deleted by the alleged person at the same time. Complainant has not also provided details regarding threatening i.e. Audio-video and Chats till present. However, sincere efforts is being made to trace out the alleged person."

The categorical report that has been submitted by the State dated 23.09.2020 indicates the absence of any call being received through mobile no. 9548080471 between the nos. 9634656867 & 9756588404.

Furthermore, as per the status report submitted by the State, the complainant was examined regarding the complaint which was registered by her in DD No.62A dt. 01.04.2020 at PS Chhawla and she had stated that the screen shot of Whatsapp message/chat regarding threatening could not be taken because whatsapp message/chat has been deleted by the alleged person at the time. It was also reported that the complainant had not also provided details regarding threatening i.e. Audio-video and Chats.

It has been submitted on behalf of the applicant that the relations between the applicant and the complainant were consensual. The said aspect is refuted on behalf of the State and by the learned counsel for the complainant.

Be that as it may, presently, the prayer is confined to the grant of anticipatory bail not on the merits but on the ground of seeking to meet his child.

In the circumstances, it is considered appropriate to release the application on interim bail for a period of 15 days from the date of his release on filing a bail bond of Rs.50,000/- with two surety of the like amount to the satisfaction of the of the learned trial Court with directions that:

 he shall not leave the city of Delhi;

 he shall make no contact with the complainant and with any of her family members in any manner whatsoever and neither himself nor through any other person:

 he shall commit no offence in the interregnum  he shall join the investigation of the case as and when required by the Investigating Officer;

 he shall keep his mobile phone on at all times;  he shall drop a pin on the Google map to ensure that his location is available to the Investigating Officer; and Furthermore, it is made expressly clear that the grant of interim bail is for period of 15 days from the date of his release and no further extension of the same can be sought by the applicant on the premise of orders in WP (C) 3037/2020 which relate to the release of persons in view of COVID-19.

The application is disposed of.

ANU MALHOTRA, J SEPTEMBER 25, 2020 vm Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:26.09.2020 12:59