Delhi High Court
Sahab Singh vs State (Nct Of Delhi ) on 27 February, 2015
Author: Sunita Gupta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 27th February, 2015
+ BAIL APPLN. 2535/2014
SAHAB SINGH
..... Petitioner
Through: Mr Anurag Jain, Adv.
versus
STATE (NCT OF DELHI )
..... Respondent
Through: Ms. Ritu Gauba, Additional Public
Prosecutor for the State alongwith SI Arjun
Singh Police Station Khajuri Khas, Delhi
+ BAIL APPLN. 2650/2014
AMIT
..... Petitioner
Through: Mr Jagat Singh, Adv.
versus
STATE
..... Respondent
Through: Ms. Ritu Gauba, Additional Public
Prosecutor for the State alongwith SI Arjun
Singh Police Station Khajuri Khas, Delhi
+ BAIL APPLN. 2653/2014
DANISH @ SUMIT
..... Petitioner
Through: Mr Jagat Singh, Adv.
versus
STATE
..... Respondent
Through: Ms. Ritu Gauba, Additional Public
Prosecutor for the State alongwith SI Arjun
Singh Police Station Khajuri Khas, Delhi
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
ORDER
: SUNITA GUPTA, J.
1. By this common order, I shall dispose of the above three bail applications filed by
the petitioners - Sahab Singh, Amit and Danish @ Sumit respectively as all the bail
applications are under Section 438 Cr.PC apprehending arrest in case FIR No.1150/2014
under Sections 323/354A/506/509/34 IPC registered at police station Kajuri Khas, Delhi.
2. The FIR in the instant case was registered on 27.10.2014 on the basis of a
complaint made by one Roopa alleging therein that on 21.10.2014 at about 7 am she
along with her daughter was going for purchasing at Pukki Khajuri. She met Amit and
Danish with a bucket of milk in front of house of Amit Both Amit and Danish started
abusing her. Amit caught hold of hair of her daughter and Danish started beating her
from behind. It is further alleged that Saheb Singh started cleaning his dairy while
smiling and told Roopa that she may do anything but no one will harm them.
3. It is submitted by counsel for the petitioners that the complainant and her
daughter are habitual complainants. Earlier also, they had made complaints of similar
nature for some ulterior motives. The daughter of the complainant also lodged an FIR of
similar nature bearing FIR No.528/2014 Police Station Kajuri Khas, Delhi under
SEctiosn 354/354A/341/506/34 IPC read with Section 8/12 POCSO Act. The police
investigated the matter and submitted charge-sheet without arresting any of the accused.
The complainant - Roopa also made a police complaint dated 30.11.2011 against
Constable Manoj and others PS Khajoori Khas alleging kidnapping of her daughter,
outraging her modesty and even attempt to commit rape on her. It is submitted that in
FIR No.528, the petitioner - Saheb Singh was not an accused. The complainant had
threatened him to falsely implicate him in some case as such he also made a complaint
dated 26.09.2014 to SHO police station Khajuri Khas and other senior police officers and
Hon'ble Lt. Governor. It is submitted that the petitioners are permanent residents of
Delhi having roots in the society as such they be released on bail.
4. The applications are opposed by learned Additional Public Prosecutor for the
State by submitting that the allegations are specific in nature and, therefore, the
petitioners do not deserve to be granted anticipatory bail.
5. Keeping in view the totality of the facts and circumstances of the case, it is
ordered that in the event of arrest:-
(i) Petitioners be admitted to bail on their executing personal bond in the sum
of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety each in
the like amount to the satisfaction of the concerned I.O./SHO.
(ii) They shall join the investigation as and when called for by the I.O.
(iii) They shall furnish their addresses as well as his contact numbers to the
Investigating Officer.
(iv) They shall not threaten or coerce complainant or any prosecution witness.
The applications are accordingly disposed of.
A copy of this order be given dasti under the signatures of the Court Master to
counsel for the petitioners.
(SUNITA GUPTA)
JUDGE
February 27, 2015/rd
