Delhi High Court
Gaurav Arora vs State Of Nct Delhi on 22 March, 2022
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgement reserved on: 04.03.2022
% Judgement pronounced on:22.03.2022
+ BAIL APPLN. 3252/2021
GAURAV ARORA ..... Petitioner
Through: Mr. U.M. Tripathi, Advocate.
versus
STATE OF NCT DELHI ..... Respondent
Through: Mr. M.S. Oberoi, learned APP for the
State with WSI Sangeeta, PS-Nihal
Vihar.
Ms. Inderjeet Sidhu, Advocate for
Complainant.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
TALWANT SINGH, J.:
1. The petitioner has moved this application seeking anticipatory bail in
case FIR No. 1048/2021 under Section 354 of Indian Penal Code, 1860
(hereinafter referred to 'IPC') and Section 8 of Protection of Children from
Sexual Offences Act, 2012 (hereinafter referred to 'POCSO Act') at PS Nihal
Vihar.
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2. It has been submitted on behalf of the petitioner that the marriage of the
applicant/accused with the complainant was solemnized in the year 2009. It
was love-cum-arranged marriage and as such the same was dowry-less. Out of
this wedlock, two children were born; a baby girl on 07.09.2014 and a boy on
16.10.2018. Since beginning, the behaviour of the complainant was not good
towards the applicant and her mother. She was pressurizing the applicant to sell
the matrimonial home, which was registered in the name of the mother of the
applicant.
2.1. On 23.06.2021, the complainant made a complainant to police that the
applicant had kidnapped her son on which applicant was called to the police
station where he had stated that he and his son had gone to a shop at the
instance of his son. The matter was resolved. The complainant went away
with the children after taking her jewellery on 24.06.2021 extending threat that
she will drag the applicant and his family members by filing false cases.
Thereafter, the complainant lodged a complaint alleging demand of dowry. The
applicant attended CAW Cell on each and every date of hearing. The efforts
for conciliation made at CAW Cell failed as complainant flatly refused to join
the company of the applicant on 10.08.2021. Thereafter the complainant went
to police station at Nihal Vihar on 14.08.2021 and she levelled allegation of
sexual assault committed by the applicant. The applicant was telephonically
called to the police station and the complainant was asked to give a written
complaint. The applicant satisfied the queries made by the police officials and
had joined the investigation. At about 9 PM he was released by the police
officials with further direction to join investigation on 16.08.2021. The
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applicant visited the police station on 12 'O' clock on 16.08.2021, where he
was detained in the police station till 9 PM. Later on he was released with a
direction to visit the police station as and when directed. The applicant was
not provided with the copy of the complaint/FIR.
2.2. On 17.07.2019, the applicant moved an application before this Court for
directing the police to supply copy of the FIR, upon which the Hon'ble Court
directed the IO to provide the copy of the FIR to counsel for the applicant. On
19.08.2021, the copy of the FIR was mailed to him and after going through the
content of the same, it came to the knowledge of the applicant that certain false
allegations were made against him, which are totally false and frivolous and the
girl child has been tutored by the complainant to depose against the applicant
with intention to extort money from the applicant by creating pressure of arrest.
No such incident had ever occurred or could not be presumed to have taken
place as the entire family members were present in the said room.
2.3. It is further submitted that the case lodged against the applicant is a
misuse of process of law in order to satisfy personal goal of the complainant.
Initially, the applicant had moved his anticipatory bail application before
learned ASJ but the same was dismissed on 26.08.2021. The applicant
apprehends danger of his arrest; hence the present petition has been moved. No
custodial interrogation is required as the applicant has already participated and
cooperated in the investigation, which is almost complete. The applicant has
clean antecedent and has been never involved in the commission of any crime.
No recovery is to be made at the instance of the applicant; the applicant has
undertaken not to induce any person acquainted with the facts of the case and
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further not to tamper with the evidence or the witnesses in any manner and to
abide by any conditions to be imposed by this court.
3. Notice was issued on this bail application on 03.09.2021. Notice was
accepted by the complainant, who was present through video conferencing. It
was ordered not to take any coercive action against the petitioner, subject to his
joining investigation as and when directed by the Investigating Officer.
Complainant was asked to file written submissions. Status report was emailed
to the Court on 27.09.2021. The complainant informed the Court that the
application was earlier involved in a case of eve-teasing but this fact was not
verified by the Investigating Officer. Status report was found silent on this
aspect. It was also noted that Status report was silent on the issue of mortgage
of the jewellery by the complainant to Muthoot Finance and IO was directed to
verify the said fact and indicate as to when the petitioner was given notices to
join the investigation and whether pursuant to the same, he joined the
investigation or not.
4. On 29.10.2021, it was noted that Additional Status Report has been filed.
Arguments in this matter were heard on 04.03.2022 and the matter was
adjourned for orders.
5. Status report filed by the prosecution states that daughter of the petitioner
and complainant was aged about 7 years and the son is about 2 years and six
months old. The brief facts about the registration of the FIR have been
reiterated in the following words in the Status report:-
"On 21-06-2021, she was suffering from ladies problem and she had
taken medicines. At about 1.00 AM, her daughter P raised an alarm
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and shouted "Papa kya kar rahe ho bar bar meri payjami kyo utar
rahe ho". Suddenly, the complainant woke up on hearing this. She
pushed her husband and scolded him saying that "you don't have any
knowledge in inebriated state that you are sleeping with your
daughter or your wife". At that time her mother-in law who was also
sleeping in that room woke up hearing the noise. When the
complainant objected the act of her husband than her mother-in-law
took favour of her son and asked the complainant not to disclose
such kind of matter as it relates to dignity of family. Her mother-in-
law further stated that on disclosing such kind of secret family
matters the family would be in problem as no body will marry "P".
The complainant further stated that her husband Gaurav Arora / the
petitioner had pulled her daughter's pants in inebriated state but he
did nothing wrong with her daughter.. The complainant came to PS
along with victim "P", who was got counseled from NGO and got
medically examined vide MLC No 263/21 at Sanjay Gandhi
Hospital, Mangolpuri Delhi (MLC is annexed as annexure "A").
Thereafter, on the statement of complainant and perusing MLC
examination, a case vide FIR No. 1048/21 u/s 354 IPC and 8
POCSO Act was registered at PS Nihal Vihar and investigation was
taken up WSI Sangeeta".
5.1. The statement of the victim was recorded on 16.08.2021, wherein
she has corroborated the incident detailed in the complaint. A copy of the
complaint lodged by the complainant at PS Dwarka North dated
15.07.2021 was also collected where the complainant had mentioned about
this incident, which had happened with her daughter along with details of
the matrimonial dispute. The case vide FIR No. 648/ 21 dated 26.08.2021
under Sections 498A/406/34 IPC was registered at PS Dwarka North. The
petitioner had visited the police station on 04.09.2021 but he refused to join
investigation and replied that he would join investigation along with
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counsel but he did not turn up on next date and thereafter till date he had
not joined investigation.
5.2. Additional status report was filed on 22.10.2021. In para 2, it was
noted that no case of molestation was registered against the petitioner as
claimed by the complainant. However, there was a PCR call on 05.11.2015
regarding quarrel but by the time the police officials reached the police
station, the matter was compromised amicably. The petitioner had joined
investigation on 25.09.2021 after notice was served upon him. As far as the
fact regarding mortgage of jewellery by the complainant to Muthoot
Finance is concerned, the same stands verified. The complainant had raised
a gold loan of Rs. 40,300/- on 05.09.2019 against gold ornament weighing
22.8 gm. The report received from Muthoot Finance about the mortgage is
annexed as Annexure-C, which shows that the said loan was renewed on
25.07.2020 and 08.06.2021 and outstanding balance as on date is
Rs.39,950/-.
6. Learned counsel for the petitioner has argued that matrimonial
dispute between the petitioner and the complainant wife is pending. She
had left the matrimonial home on 24.06.2021 and thereafter she had lodged
a complaint at CAW Cell, Sector-9 Dwarka alleging demand of dowry on
10.08.2021. The complainant refused to join the company of the applicant
and the conciliation proceedings failed in the CAW Cell. Thereafter, she
proceeded to lodge the present FIR against the applicant/petitioner on
14.08.2021. As per the contents of the FIR, the alleged date of offence was
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22.06.2021, and there is no valid explanation as to why the complaint was
lodged with the police after passage of such a long time.
6.1. It has been further submitted that the petitioner has already joined
investigation and no recoveries are to be made from him; statement of the
victim has already been recorded under Section 164 Cr.P.C. and there is no
apprehension of the petitioner influencing the victim/complainant or other
witnesses as the witnesses no longer reside with him and an FIR under
Sections 498A/406/34 IPC has already been registered against the
petitioner at the instance of the complainant. Moreover, the complainant is
in the habit of making false allegations against the petitioner as she had
mentioned about an eve-teasing case against the petitioner but as per the
Status Report filed by the police, no such case was ever registered against
the petitioner. Even in the other criminal proceedings, she had made false
allegations regarding jewellery, whereas she had mortgaged her jewellery
with Muthoot Finance on her own and a letter in this regard is already on
record as Annexure-C with the Additional Status Report.
7. On the other hand, learned APP appearing for the State as well as
advocate for the complainant have submitted that offences are serious in
nature and there is every likelihood of the petitioner influencing the
witnesses or not cooperating in investigation of the matter and of tampering
with the evidence.
8. After hearing both the sides it is to be noticed that the alleged
incident is dated 22.06.2021, but the FIR was lodged on 14.08.2021 and as
per the petitioner, the complainant had left the matrimonial home on
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24.06.2021 along with both the children and her belongings and thereafter
she had approached the CAW Cell, where the conciliation talks had failed
and four days thereafter the present FIR was registered. The allegation
regarding eve-teasing against the petitioner and regarding misappropriation
of gold jewellery made by the complainant against the petitioner have been
found to be false as per the Additional Status Report filed by the police. It,
prima facie, appears to be a case of matrimonial discord where the small
child may be used as an instrument by the complainant to settle scores with
the petitioner. The prosecution has failed to point out as to why custodial
interrogation of the present petitioner is required as no recoveries are to be
made at the instance of the present petitioner, who has otherwise joined the
investigation as and when called for by the police officials. In my view, it
is prima facie a fit case for grant of anticipatory bail to the petitioner.
9. Without commenting on the merits of the case, I am inclined to
admit the present petitioner to anticipatory bail on the following
conditions:-
(i) The petitioner shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him/her from disclosing such
facts to the Court or to any police officer;
(ii) The petitioner shall not leave India without the previous
permission of the concerned Court;
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(iii) The applicant shall furnish a mobile number to the IO within
one week and keep the mobile location on at all times.
(iv) The applicant shall appear before the IO/Trial Court on every
date, when he is called or the case is listed.
10. Consequently, in the event of arrest, the petitioner is directed to be
released on bail on his furnishing a personal bond in the sum of
Rs.50,000/- with one surety of the like amount, subject to the satisfaction
of the IO/SHO/learned Trial Court.
11. It is made clear that any observation made hereinabove is only the
prima facie, view of this Court, which has no bearing on the merits of the
present case. The case shall be duly investigated by the police authorities
and neither the police officials nor the learned Trial Court shall get
influenced by any observations made hereinabove, which are purely
detailed above for the purpose of considering the anticipatory bail
application of the petitioner.
12. The petition is accordingly disposed of.
TALWANT SINGH, J
MARCH 22, 2022/nk
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Signing Date:24.03.2022 17:07
