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Mr Keshav Shyam Bandhu Thakur vs State Of Govt. Of Nct Of Delhi & Anr on 7 December, 2023

Author: Jyoti Singh

Bench: Jyoti Singh

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                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           BAIL APPLN. 4125/2023
                                                MR KESHAV SHYAM BANDHU THAKUR         ..... Petitioner
                                                            Through: Mr. Ashish Chauhan, Advocate
                                                                                      versus

                                                STATE OF GOVT. OF NCT OF DELHI & ANR. ..... Respondents
                                                              Through: Mr. Laksh Khanna, APP for State
                                                              with SI Karishma Kanwat, P.S. Uttam Nagar.
                                                CORAM:
                                                HON'BLE MS. JUSTICE JYOTI SINGH
                                                                                      ORDER

% 07.12.2023 CRL.M.A. 33518/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

3. This is an application filed by the Petitioner under Section 438 Cr.P.C. seeking anticipatory bail in FIR No.428/2022 dated 05.07.2022 registered under Sections 498A/406/34 IPC at P.S. Uttam Nagar, New Delhi.

4. As per the allegations in the FIR, after the marriage was solemnised between the Petitioner and Respondent No. 2, Petitioner and his family members demanded dowry from Respondent No. 2 on several occasions and had started torturing her from the very next day of marriage. Petitioner made an illicit video of Respondent No. 2 without her consent and shared the same among the family members and blackmailed Respondent No. 2 and her family members to extort an amount of Rs.25,00,000/-.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:42:39

5. Learned counsel for the Petitioner submits that marriage between Petitioner and Respondent No. 2 was solemnised on 15.03.2021 as per Hindu rites and ceremonies and Respondent No. 2 resided in her matrimonial home only for 3 months as she never wanted to continue the matrimonial relationship in view of the fact that she was wanting to live with another person. The allegations of dowry harassment etc. are absolutely false and have been cooked up only to create circumstances so that she can exit from the matrimonial relationship. He further submits that Petitioner had also filed a non-cognizable complaint bearing No. 1082/2021 dated 16.10.2021 against Respondent No. 2. As a counter blast to the Petitioner's complaint, Respondent No. 2 filed a complaint under Protection of Women from Domestic Violence Act, 2005 (DV Act) and during the pendency of the said case, she approached the Petitioner to settle the matter. In furtherance of settlement arrived at between the parties, divorce petition bearing No. 3695/2022 was filed under Section 13-B(1) of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Dwarka Courts along with Memorandum of Understanding dated 24.08.2022, copy of which has been placed on record. Petitioner had also paid an amount of Rs.3,00,000/- to Respondent No. 2. Despite all this, Respondent No. 2 filed a false and fabricated complaint culminating into the present FIR and also withdrew the second motion bearing No. 309/2023.

6. Learned counsel for the Petitioner further submits that after registration of the FIR, Investigating Officer has issued notice under Section 41A Cr.P.C. to the Petitioner and his family members and they have joined the investigation. The contents of the FIR are false and the allegations have been levelled against the Petitioner only so that Respondent No. 2 can settle BAIL APPLN. 4125/2023 Page 2 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:42:39 scores with him and extort money and therefore, Petitioner be granted protection and is willing to be subjected to any conditions imposed by this Court including co-operating in the investigation, as and when called for.

7. Issue notice.

8. Learned APP accepts notice on behalf of the State.

9. Status report be filed within one week.

10. List on 19.12.2023.

11. Subject to the Petitioner joining investigation on 09.12.2023, as per the undertaking given to the Court, no coercive steps will be taken against the Petitioner, till the next date of hearing. This would be further subject to the Petitioner also cooperating in any further investigation. Petitioner will furnish his mobile number to the concerned IO and keep the same active at all times. Petitioner shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case.

JYOTI SINGH, J DECEMBER 07, 2023/kks/shivam BAIL APPLN. 4125/2023 Page 3 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2023 at 02:42:40