Babu Arora vs State
2019 Latest Caselaw 5831 Del

$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Judgment delivered on 21.11.2019

+      BAIL APPLN. 2560/2019

       BABU ARORA                                 ..... Petitioner

                         Through:     Mr. Sumit Kishore with Mr.
                                      Sandeep Kumar Yadav,
                                      Advocates.
                         versus

       THE STATE                                  ..... Respondent

                         Through      Mr. G.M.Farooqui,
                                      APP for State.
                                      Insp. Gursevak Singh:
                                      PS Tilak Nagar

       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                             JUDGMENT

BRIJESH SETHI, J.(Oral)

1. Vide this order, I shall dispose of a bail application u/s. 439

CrPC filed by the petitioner Babu Arora in FIR No. 190/2019, u/s.

376(2n), 370/376D/376(3)/109/323/392/506/120B IPC and Section

6/17/21 of POCSO Act and Section 3/4/5/6/7 of ITP Act, P.S. Tilak

Nagar, Delhi.

2. Ld. Counsel for the petitioner has prayed for bail on the ground

that petitioner is innocent and falsely implicated. It is submitted that

petitioner is residing with his family at his native place i.e. Raja

Bhawan behind Shastri Nurshing Home, Sindhi Colony, Gangapur

City, District Sawai Madhopur, Rajasthan. Petitioner is 40 years old

suffering from Spine Disk Problem and used to come to Delhi as well

as Gurugram for his treatment in Delhi. It is further submitted that

petitioner came into the contact with one of co-accused Madhubala @

Madhu as the petitioner was searching a room for his stay and the co-

accused Madhubala @ Madhu stated to the petitioner that she is in the

business of letting out of the property on the commission basis and she

will arrange an accommodation for him and that is why total three

calls of the petitioner are being shown from the mobile no.

8448816520 belonging to co-accused Madhubala @ Madhu on

11.04.2019 and 12.04.2019.

3. It is submitted that prosecution has no substantial evidence

against the applicant except the version of the prosecutrix. Petitioner

is in judicial custody since 20.04.2019 and no fruitful purpose will be

served by keeping the petitioner in judicial custody. It is further

submitted that petitioner is not named in the Tehrir and FIR. Even the

name of the petitioner is not in the statement recorded under Section

164 Cr.P.C. According to the petitioner, the offence is alleged to have

been committed by him at Krishnapuri, Delhi but at that time, he was

not present there. It is lastly submitted that investigation is complete

and charge sheet has been filed and therefore, he be, released on bail,

in the interest of justice.

4. Ld. APP for the state has opposed the bail application on the

ground that allegations against the petitioner are serious in nature.

Prosecutrix has herself given the name of the petitioner during the

course of investigation. Other accused persons namely Madhu Ahuja,

Jyoti @ Neetu Ahuja, Payal, Rakesh Kumar and Tushar are

absconding and still evading the process of law. He has, therefore

prayed for dismissal of the bail application.

5. I have considered the rival submissions. As per prosecution

version, the present case was registered on the complaint of victim in

which she alleged that she was sexually assaulted by different men at

WZ-27, Gali No. 10, Krishna Park, Delhi where Madhu Ahuja, Payal

(daughter of Madhu Ahuja) and Jyoti @ Neetu Ahuja (daughter of

Madhu Ahuja) forced the prosecutrix in sexual act whereas Sandeep

Singh @ Sahil used to bring clients to their house. After one and half

months Jyoti @ Neetu Ahuja took the complainant to her Uttam Nagar

house at Q-31, Vikas Vihar, Manas Kunj Road where Sandeep Singh

@ Sahil and Jyoti were residing as husband and wife. The

complainant was sexually assaulted there as well by different persons.

The accused Sandeep Singh @ Sahil was arrested on 15.04.2019.

During further investigation, the complainant had given three mobile

numbers of those who had also sexually assaulted the prosecutrix

which are 9650139115, 8947038999 and 9971417815. On obtaining

and analyzing the CDR of given mobile numbers, it was found that

mobile number 8947038999 belonged to accused Babu Arora and

mobile number 9971417815 belonged to accused Puran Mal. The

complainant identified the photograph of accused Babu Arora from

CAF (Customer Application Form) of number 8947038999. The

accused Puran Mal S/o Sh. Daryao Singh r/o WZ-904, Naraina

Village, Delhi and Babu Arora S/o Sh. Moti Lal R/o Sindhi colony,

Gangapur City, District Sawai Madhopur, Rajasthan were arrested on

20.04.2019 and 08.05.2019 respectively. The chargesheet against

accused Sandeep Singh, Puran Mal and Babu Arora was filed in the

Court on 13.06.2019. Proceedings under Section 82/83 Cr.P.C. have

been initiated against Madhu Ahuja, Jyoti @ Neetu Ahuja, Payal,

Rakesh Kumar and Tushar. The prosecutrix has herself provided

the mobile number of accused Babu Arora. The complainant in

her statement under Section 161 Cr.P.C. stated that the accused

Babu Arora sexually assaulted her once at Krishnapuri. The

mobile location of accused Babu Arora also corroborated the fact of

him being present at Krishnapuri on 09.03.2019 in the afternoon. As

discussed earlier, the complainant has also identified the photograph

of accused Babu Arora from CAF of mobile number 8947038999.

6. It is a settled law that while granting bail, the court has to

keep in mind the nature of accusation, the nature of evidence in

support thereof, the severity of the punishment which conviction

will entail, the character of the accused, the circumstances which

are peculiar to the accused, his role and involvement in the offence,

his involvement in other cases and reasonable apprehension of the

witnesses being tampered with.

7. In the present case, the prosecutrix has identified the

photograph of petitioner Babu Arora from CAF of number

8947038999 and has also provided the mobile number of

petitioner. During her statement recorded under Section 161

Cr.P.C. prosecutrix has stated that petitioner Babu Arora had

sexually assaulted her at Krishna Puri. Even the mobile location of

petitioner Babu Arora has corroborated the fact that he was present

at Krishna Puri on 09.03.2019 in the afternoon. Perusal of the

statement of victim, who is 16 years old only clearly reveals that

she has been sexually assaulted by the petitioner. In view of the

above discussion and keeping in view the gravity of offence, no

grounds for bail are made out. The bail application is, therefore,

dismissed and stands disposed of accordingly.

BRIJESH SETHI, J NOVEMBER 21, 2019 (AK)