Delhi High Court
Mudassir Ahmad vs State Of Nct Of Delhi & Anr. on 14 February, 2024
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on:23.01.2024
Pronounced on:14.02.2024
+ BAIL APPLN. 3886/2023
MUDASSIR AHMAD ..... Petitioner
Through: Mohd. Sharique Khan, Mr.
Rashid Islam and Mohd. Saqib
Khan, Advocates
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Satish Kumar, APP for the
State with SI Reena, P.S.
Anand Vihar.
Mr. Yogesh Kumar and Mr.
Aftab Fazil, Advocates for
complainant along with
complainant.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
SWARANA KANTA SHARMA, J.
1. The instant application under Section 438 of the Code of
Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of
applicant seeking grant of anticipatory bail in case FIR bearing no.
432/2023, registered at Police Station, Anand Vihar, Delhi for the
offences punishable under Sections 376/377/506/34 of the Indian
Penal Code, 1860 ('IPC').
2. Briefly stated, it is the case of the prosecution that a complaint
was received from the prosecutrix alleging that she used to work in a
hair salon of the present applicant/accused in April, 2017 when he
had lured her into a trap and had physical relations with her. It is
alleged that the applicant had secretly made a video of the physical
relations and had threatened the prosecutrix that in case she will
disclose it to anyone, he will post the video on social media and will
defame her. Thereafter, on this pretext, it is further alleged the
applicant/accused had kept on sexually assaulting the prosecutrix. It
is also specifically alleged that the applicant had unnatural sexual
relations with her and had threatened to kill her family. The accused
had further blackmailed the prosecutrix, the accused had also
misused her identity which she had given to him for the purpose of
getting a job in the hair salon and had raped her at various hotels in
Delhi. It is further specifically alleged that when the prosecutrix was
fed up with the repeated blackmailing and rape by the accused, the
accused had taken her to a mosque and had forced her to sign
Nikahnama and many other plain papers and had threatened her that
if she goes to the police, she will not be able to get any help as he
will escape by proving that he was married to her. It is further alleged
that the prosecutrix had narrated the entire incident to her mother and
subsequently, family of the prosecutrix had gone to the house of the
accused where he had disclosed that he was already married and had
divorced her. It is alleged that on 15.08.2023, the present accused had
called her to his house at Parwana Road where his brother had also
shown the prosecutrix her obscene videos and had threatened to make
it public and had allegedly raped her. It is further alleged that on
23.09.2023, the present accused/applicant had called the prosecutrix
to Geeta Colony Police Station and had forced her to submit a
complaint or the applicant would make the video public. It is alleged
that the prosecutrix was forced to submit some other complaint on
her behalf to the police officers. Thereafter, the applicant/accused had
sent her to Vasant Vihar along with a lady Aarti where he had kept
her locked in a room for three days and had forcibly raped the
prosecutrix against her will. The prosecutrix had somehow reached
her home and had narrated the entire incident to her parents.
Thereafter, the present FIR was registered. The prosecutrix was then
counselled by NGO and was medically examined after she had
lodged the complaint. Her statement was recorded under Section 164
of Cr.P.C.
3. Learned counsel for the applicant states that the allegations
against the present applicant/accused are false and that he has been
falsely implicated in the present case. It is submitted that the present
applicant/accused in the younger brother of co-accused Muzammil
Ahmed. It is stated that the complainant used to ask for money from
the present accused/applicant and immediately after the marriage
between the complainant and the co-accused the complainant had
pressurized the present applicant/accused to ask his brother to divorce
his first wife. It is vehemently contended that the complainant has
named the present applicant/accused out of vengeance and bitterness.
It is further submitted that the applicant/accused is willing
tocooperate in the investigation, as and when required. Therefore, the
anticipatory bail be granted to the present applicant/accused.
4. Learned APP for the State, on the other hand, argues that
allegations against the applicant/accused are of serious and grave in
nature. The Learned APP for the State argues that the
applicant/accused had threatened the complainant with publishing the
obscene video on internet. Therefore, the bail of the
applicant/accused be dismissed.
5. This Court has heard arguments addressed by learned counsel
for the applicant as well as learned APP for the State and has perused
material on record.
6. The allegations against the present accused/applicant are that
he is the younger brother of the main accused Muzamil Ahmed and
that he had also committed rape upon her a few days prior to
15.08.2023. The present applicant/accused was granted interim
protection by this Court,vide order 20.11.2023pursuant to which he
has joined investigation and the IO states that he is cooperating with
the investigation.
7. Considering the same, the interim bail granted to him is made
absolute. In event of arrest the present applicant/accused be released
on bail on his furnishing personal bond in the sum of Rs. 10,000/-
with one surety bond of the like amount, subject to the satisfaction of
the learned Trial Court/Successor Court/LinkCourt/DutyJudge
concerned on the following terms & conditions:
i) The applicant will not leave the country without
permission of the learned Trial Court and will surrender the
passport to the learned Trial Court within seven days.
ii) The applicant shall share his mobile number and address
with the IO and the Trial Court and will inform them
promptly about any changes in the same.
iii. The applicant will not threaten, visit, or try to contact the
witnesses, the complainant, her relatives, etc. in any manner.
iv) The applicant will not use, circulate, or cause to be
circulated any inappropriate photographs of the complainant
in any manner.
v) In case, the applicant will violate any condition of this
order, it will be a ground for cancellation of bail.
8. Accordingly, the present application stands disposed of.
9. It is, however, clarified that nothing expressed
hereinabove shall tantamount to an expression on merits of the case.
10. The judgment be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J
FEBRURY 14, 2024/zp
