Raman Kumar @ Rohit @ Baba vs The State
2019 Latest Caselaw 6314 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Date of Decision: 06.12.2019

+       BAIL APPLN. 1854/2019
        Raman Kumar @ Rohit @ Baba                   ..... Petitioner
                           Through:     Mr. Karan Khanna, and
                                        Navjot Kumar, Advocates
                           versus

        THE STATE OF DELHI                          ..... Respondent
                     Through:           Mr G.M.Farooqui,
                                        APP for State alongwith
                                        SI Rahul, PS Govindpuri.
                                        Mr. S. C. Pandey & Rt.
                                        A.C.P. Gautam, Advocates
                                        for complainant.


CORAM:
    HON'BLE MR. JUSTICE BRIJESH SETHI

                              JUDGMENT

BRIJESH SETHI, J (ORAL)

1. Vide this order, I shall dispose of an anticipatory bail

application filed on behalf of the petitioner Raman Kumar @

Rohit @ Baba under section 438 Cr.P.C. in FIR No. 98/19 u/s.

323/354/365/506/50934 IPC, PS. Govind Puri.

2. Ld. Counsel for the petitioner has prayed for anticipatory bail

Bail Appl. no. 1854/2019 Page no.1 of 5 on the ground that petitioner is innocent and has been falsely

implicated in the present FIR. It is submitted that petitioner has not

committed any offence as stated in the FIR in question. In the

morning of 24.12.2018, the complainant had requested the petitioner

for a meeting at Bus Stand Tara Apartment, Tuglkabad Extn. to

discuss about some misunderstanding in their love affair and the

petitioner had met her at Bus Stand about 12.45 pm to 1.15 pm on

that day and no such act as alleged in the FIR has been committed

by the petitioner. There is no medical document on record to support

her allegations in the FIR. Even after registration of the FIR, the

complainant tried to contact the petitioner through whatsApp voice

call, WhatsApp Video Call and WhatsApp message on various

occasion from her mobile phone no. 9625353366. In case, anything

stated in the FIR would have happened with her, she would not have

called or sent messages to the petitioner. It is submitted that there is

delay in registration of the FIR. The alleged incident is of

24.12.2018 and there is not a single call to 100 number or written

complaint to police on 24.12.2018. Further the application u/s. 156

(3) CrPC was filed by the complainant in the month of March, 2019

Bail Appl. no. 1854/2019 Page no.2 of 5 after a period of three months. Nothing is to be recovered from the

petitioner and therefore, custodial interrogation of the petitioner is

not required. The petitioner is ready to join the investigation as and

when required and in these circumstances, it is prayed that petitioner

be released on anticipatory bail and SHO/IO be directed to release

the petitioner in the event of his arrest.

3. The anticipatory bail application is opposed by the Ld. APP

for the State on the ground that the allegations against the petitioner

are serious in nature. Petitioner is not joining the investigation. The

investigation is still in progress and at initial stage. The petitioner is

not cooperating with the investigating officer. He has, therefore

prayed for dismissal of the bail application.

4. I have considered the rival submissions. As per the case of the

prosecution, complainant 'P' had filed a complaint before Ld.

CMM, Saket Court under Section 200 Cr.P.C. regarding threatening,

kidnapping and molesting by the petitioner. However, on

07.03.2019, the said complaint was withdrawn as the place of

occurrence falls within the jurisdiction of PS Govindpuri. On

14.03.2019, the said complaint of Ms. 'P' was received at PS

Bail Appl. no. 1854/2019 Page no.3 of 5 Govindpuri. On 19.03.2019, the complainant had come to the PS

and lodged her complaint in which she alleged that she used to work

in the Jagran and one Rohit also used to work with her. On

24.12.2018, she was threatened by Rohit over the phone to meet her

while she was going to deposit examination fees in Govindpuri area.

He came to her on a bike with his three other friends. Out of three,

two were Vinay and Prince. Petitioner Rohit abused her and made

her to sit on the bike. He took her to Tughlakabad village. She was

threatened, molested and beaten up there in order to compel her to

marry him. He also tried to strangulate her with his belt. The victim

has further alleged that the petitioner had tried to rape her and she

had become unconscious. The petitioner Raman @ Rohit has not

joined the investigation. On 30.07.2019, NBW of petitioner Raman

Kumar @ Rohit @ Baba was obtained from the Ld.MM Saket

Court. Complainant has also stated that on the day of the incident,

her phone was also taken away by the petitioner. CDR details of the

mobile phone numbers of complainant and accused were obtained in

which the location of both the mobile numbers was near TKD Ext.

on 24.12.2018 at 2.41 PM on the day of the incident.

Bail Appl. no. 1854/2019 Page no.4 of 5

5. In view of the above facts appearing on record and further in

view of the fact that the case is at the initial stage of investigation

and petitioner is not joining the investigation and evading his arrest

and his custodial interrogation is required, no grounds for

anticipatory bail are made out. The anticipatory bail application is,

therefore, dismissed.

                                                BRIJESH SETHI, J
DECEMBER 06, 2019
Amit




Bail Appl. no. 1854/2019                                   Page no.5 of 5