Delhi High Court
Sajid vs The State on 11 February, 2016
Author: S. P. Garg
$-15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 11th FEBRUARY, 2016
+ BAIL APPLN. 2267/2015
SAJID ..... Petitioner
Through : Mr.Satish Tamta, Advocate.
versus
THE STATE ..... Respondent
Through : Mr.Amit Gupta, APP.
ASI D.K.Tyagi.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Oral)
1. The petitioner seeks anticipatory bail in case FIR
No.443/2015 under Sections 376/506 IPC registered at PS Sonia Vihar.
Status report is on record.
2. I have heard the learned counsel for the parties. Petitioner's
counsel urged that a false FIR has been lodged to pressurize the petitioner
to settle the dispute in case FIR No.236/2014 registered under Sections
376D/363/34 IPC and Sections 4 & 6 POCSO Act at PS Sonia Vihar on
26.05.2014. The victim in the said FIR is petitioner's cousin (Mausi's
daughter). Four persons namely Rashid, Sazaad, Naved and Chandal have
been arrested in the said case. Pursuant to the conspiracy hatched after
registration of the FIR No.236/2014, the instant FIR has been lodged by
the wife of their nephew. As per letter written by Dilshad r/o House
No.56, village Badarpur, Khadar to the Deputy Commissioner of Police,
no such incident intervening 19/20.08.2015 had taken place. Victim in the
instant FIR and her husband were living in village Badarpur, Ghaziabad
(U.P.) and never resided as tenants in Salma (Dilshad's wife)'s house.
Bail is opposed by the State stating that the allegations against the
petitioner are serious in nature.
3. The occurrence allegedly took place on the night intervening
19/20.08.2015 at around 01.00 a.m. FIR was lodged promptly on the next
day i.e. 20.08.2015. The petitioner was specifically named in the FIR to
have committed rape upon the prosecutrix. She was medically examined
on 20.08.2015. In her 164 Cr.P.C. statement, she reiterated her version
and informed the Presiding Officer that she was under threat to settle the
dispute. The petitioner has not joined the investigation so far. A letter
dated 04.11.2015 purportedly written by the victim to the DCP has been
placed on record whereby she had resiled from her previous version and
exonerated the petitioner. Seemingly, the victim was put in pressure to
write letter dated 04.11.2015. Letter written by Dilshad reveals that the
victim and her husband were lived as tenants in House No.56, Khasra
No.17, Badarpur Khadar. It belies the petitioner's contention that the
victim never resided in the said rented accommodation. Initially, bail was
sought by the petitioner alleging that a dispute had taken place on
18.08.2015 over payment of supply of milk with the victim and the
petitioner. Subsequently, another application for anticipatory bail was
moved alleging that due to put pressure to settle the FIR No.236/2014 the
instant FIR has been lodged.
4. Considering the gravity of the offence and serious allegations
against the petitioner, no sufficient ground exists to grant anticipatory bail.
The bail application is dismissed.
5. Observations in the order shall have no impact on merits of
the case.
(S.P.GARG)
JUDGE
FEBRUARY 11, 2016 / tr
