Delhi High Court
Sumit Goel vs The State (Nct Of Delhi) on 20 April, 2022
#
IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on : 12.04.2022
Pronounced on : 20.04.2022
+ BAIL APPLN. 1321/2021
SUMIT GOEL ..... Petitioner
Through: Mr. Anuj Kishore, Advocate.
versus
THE STATE & ANR. ..... Respondents
Through: Dr. M.P Singh, APP for the State with
SI Dharambir Singh, P.S: Shalimar
Bagh.
Ms. Neha Agarwal, Advocate for
complainant.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
ANOOP KUMAR MENDIRATTA, J.
1. This is a petition under Section 438 Cr.P.C. filed on behalf of the
petitioner seeking anticipatory bail in FIR No. 0712/2020 under Sections
498A/406/34 IPC registered at Police Station Shalimar Bagh, Delhi.
2. In brief, the case of the prosecution is that marriage between the
parties was solemnized on 01.07.2009. Further, the complainant Smt. Komal
Agarwal was subjected to mental, physical, sexual, emotional, economical
torture by the petitioner-husband and repeated dowry demands were also
made by the petitioner and his family members. It has also been alleged that
the petitioner used to beat the complainant and had kept her starving for a
Signature Not Verified
By:DINESH CHANDRA
Signing Date:21.04.2022
11:05:44
period of 07 days. The complainant was kicked out of the matrimonial home
on 23.02.2019. A settlement is alleged to have been arrived between the
petitioner and the complainant vide Panchayatnama dated 28.09.2019 but the
petitioner did not adhere to the terms of the settlement. A complaint was
registered before the CAW Cell, North District, Delhi which culminated into
registration of present FIR No.0712/2020 under Sections 498A/406/34 IPC
at Police Station Shalimar Bagh, Delhi.
3. Learned counsel for the petitioner submits that complaint has been
filed on account of matrimonial differences. He further submits that the
charge sheet has been filed before the learned trial court and the other co-
accused namely Smt. Anju Goel, Smt. Rinki Sharma and Sh. Vivek Sharma
have been granted bail under Section 438 of Cr.P.C. by the court of Ms.
Kiran Gupta, Learned ASJ, North-West district, Rohini Courts vide orders
dated 19.01.2021 and 08.04.2021.
5. However, the bail application is opposed by the Learned APP for the
State assisted by learned counsel for the complainant. It is submitted that the
petitioner has failed to honour the settlement arrived between the parties vide
Panchayatnama dated 28.09.2019 and the bail application of the petitioner
was dismissed by the learned trial court considering the nature of allegations
against the petitioner.
4. The petitioner was granted interim protection by this court vide order
dated 19.04.2021. The petitioner has already joined the investigation and
Charge-sheet has already been filed. The other co-accused have already
been released on anticipatory bail. Considering the facts and circumstances
of the case, in the event of arrest, the petitioner be admitted to bail subject to
Signature Not Verified
By:DINESH CHANDRA
Signing Date:21.04.2022
11:05:44
furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five
Thousand Only) with one surety in the like amount to the satisfaction of the
Investigating Officer/SHO of the concerned Police Station/learned trial
court.
The application is accordingly disposed of.
A copy of this order be forwarded to learned Trial Court for
information and compliance.
(ANOOP KUMAR MENDIRATTA)
JUDGE
April 20, 2022/R
Signature Not Verified
By:DINESH CHANDRA
Signing Date:21.04.2022
11:05:44
