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HIGH COURT OF DELHI
BAIL APPLN. 2802/2014
INDERJEET. Petitioner
Through:
BAIL APPLN. 2802/2014
INDERJEET. Petitioner
Through:
VERSUS
THE STATE (GNCT OF DELHI)
Through:
Through:
BAIL APPLN. 2805/2014
BHUSHAN KUMAR
Through:
BHUSHAN KUMAR
Through:
VERSUS
THE STATE (GNCT OF DELHI)
Through;
Mr R.N. Sharma, Adv. Respondent Ms Fizani Hussain, Additional Public
Prosecutor for the State alongwith ASI Krishan Kumar Police Station Malviya
Nagar, New Delhi , Petitioner Mr R.N. Sharma, Adv.
Respondent Ms Fizani Hussain, Additional Public
Prosecutor for the State alongwith ASI Krishan Kumar Police Station Malviya
Nagar, New Delhi
Through;
Mr R.N. Sharma, Adv. Respondent Ms Fizani Hussain, Additional Public
Prosecutor for the State alongwith ASI Krishan Kumar Police Station Malviya
Nagar, New Delhi , Petitioner Mr R.N. Sharma, Adv.
Respondent Ms Fizani Hussain, Additional Public
Prosecutor for the State alongwith ASI Krishan Kumar Police Station Malviya
Nagar, New Delhi
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
05.02.2015 Vide this common order, I shall dispose of the two bail applications bearing Bail
Appln Nos. 2802/2014 and 2805/2014 filed by the petitioners - Inderjeet and Bhushan
Kumar respectively under Section 438 Cr,PC apprehending their arrest in case FIR NO. 1446/2014 under Sections 323/354//509/34 IPC registered at Police Station Malviya
Nagar, New Delhi.
The FIR in the instant case was registered on the basis of a written complaint given by the complainant Smt. Sudesh Dahiya alleging therein that the petitioners, who are brothersand residentsof 4A and 6B, Kalu Sarai,New Delhi,wereharassingher when she went on the roof of her flat where the petitioners/accused took her photographs. On
05.11.2014 at about 11 am while she was carryingout the cleaningwork inside her room alongwith her maid servant Shakuntala, both the accused/petitioners came on the roof
2015:DHC:10564 and started clicking her photographs and when she objected to the same, they started abusing her by using filthy language and molested her. On the basis ofthis complaint, the aforesaid FIR was registered.
It is submitted by learned counsel for the petitioners that petitioner - Bhushan
Kumar isthe owner offlat no.6B and has an open rooftowards the flat ofcomplainant. In order to cause unwarranted harassment, the complainant and her family members have affixed agate towards the roofofthe petitioner- Bhushan Kumar and when objected, the husband ofthe complainant, who is working in Delhi Police as Head Constable, extended threats to the petitioner. Finding no other way out, he filed a suit for mandatory injunction wherein the complainant, her husband and his associates were restrained from stepping on the roofofthe property till disposal ofthe suit. Boththe petitioners are senior citizens and respectable persons as the petitioner - Indeqeet was working in Bank of
Baroda (now retired), Muscat and is abachelor living with his brother - Bhushan Kumar who is also senior citizen and a bachelor and was working as Assistant (now retired) in the Ministry of Home Affairs. After their retirement, petitioner - Inderjeet worked as
Joint Secretary while the petitioner - Bhushan Kumar worked as Advisor in All India
Crime Prevention Society (Delhi State), approved by Ministry ofHome Affairs. Present
FIR is amean adopted by HC - Pramod Dahiya by using his wife as aforefront in order to pressurize the petitioners and to grab their property. It is further submitted that both the petitioners have joined investigation and are still ready and willing to join investigation.
As such, theybe granted anticipatory bail.
Learned Additional Public Prosecutor forthe State on the other hand submits that there are specific allegations against thepetitioners.
Keeping in view the totality ofthe facts and circumstances of the case, it is ordered that in the event ofhis arrest:-
(i) Petitioners be admitted to bail on their executing personal bond in the sum ofRs.15,000/- (Rupees Fifteen Thousand only) each with one surety each in the like amountto the satisfactionof the concerned I.O./SHO.
(ii) They shall jointhe investigation as and when called for bythe I.O.
(iii) They shall furnish their addresses as well as his contact numbers to the
Investigating Officer.
(iv) They shall not threaten or coerce complainant or any prosecution witness.
Both the applications stand disposed ofaccordingly.
Acopy of this order be given dasti under the signatures of the Court Master to counsel for the petitioners.
SUNITA GUPTA, J FEBRUARY 05, 20\5/rd
05.02.2015 Vide this common order, I shall dispose of the two bail applications bearing Bail
Appln Nos. 2802/2014 and 2805/2014 filed by the petitioners - Inderjeet and Bhushan
Kumar respectively under Section 438 Cr,PC apprehending their arrest in case FIR NO. 1446/2014 under Sections 323/354//509/34 IPC registered at Police Station Malviya
Nagar, New Delhi.
The FIR in the instant case was registered on the basis of a written complaint given by the complainant Smt. Sudesh Dahiya alleging therein that the petitioners, who are brothersand residentsof 4A and 6B, Kalu Sarai,New Delhi,wereharassingher when she went on the roof of her flat where the petitioners/accused took her photographs. On
05.11.2014 at about 11 am while she was carryingout the cleaningwork inside her room alongwith her maid servant Shakuntala, both the accused/petitioners came on the roof
2015:DHC:10564 and started clicking her photographs and when she objected to the same, they started abusing her by using filthy language and molested her. On the basis ofthis complaint, the aforesaid FIR was registered.
It is submitted by learned counsel for the petitioners that petitioner - Bhushan
Kumar isthe owner offlat no.6B and has an open rooftowards the flat ofcomplainant. In order to cause unwarranted harassment, the complainant and her family members have affixed agate towards the roofofthe petitioner- Bhushan Kumar and when objected, the husband ofthe complainant, who is working in Delhi Police as Head Constable, extended threats to the petitioner. Finding no other way out, he filed a suit for mandatory injunction wherein the complainant, her husband and his associates were restrained from stepping on the roofofthe property till disposal ofthe suit. Boththe petitioners are senior citizens and respectable persons as the petitioner - Indeqeet was working in Bank of
Baroda (now retired), Muscat and is abachelor living with his brother - Bhushan Kumar who is also senior citizen and a bachelor and was working as Assistant (now retired) in the Ministry of Home Affairs. After their retirement, petitioner - Inderjeet worked as
Joint Secretary while the petitioner - Bhushan Kumar worked as Advisor in All India
Crime Prevention Society (Delhi State), approved by Ministry ofHome Affairs. Present
FIR is amean adopted by HC - Pramod Dahiya by using his wife as aforefront in order to pressurize the petitioners and to grab their property. It is further submitted that both the petitioners have joined investigation and are still ready and willing to join investigation.
As such, theybe granted anticipatory bail.
Learned Additional Public Prosecutor forthe State on the other hand submits that there are specific allegations against thepetitioners.
Keeping in view the totality ofthe facts and circumstances of the case, it is ordered that in the event ofhis arrest:-
(i) Petitioners be admitted to bail on their executing personal bond in the sum ofRs.15,000/- (Rupees Fifteen Thousand only) each with one surety each in the like amountto the satisfactionof the concerned I.O./SHO.
(ii) They shall jointhe investigation as and when called for bythe I.O.
(iii) They shall furnish their addresses as well as his contact numbers to the
Investigating Officer.
(iv) They shall not threaten or coerce complainant or any prosecution witness.
Both the applications stand disposed ofaccordingly.
Acopy of this order be given dasti under the signatures of the Court Master to counsel for the petitioners.
SUNITA GUPTA, J FEBRUARY 05, 20\5/rd
JUDGMENT