Hrinmoy Das v. State of Delhi NCT & Anr.

1. The present bail application has been filed seeking bail under section 439 Cr.P.C. in case FIR No. 380 of 2022 registered on 25.08.2022 at PS Nabi Karim under section 376 IPC,1860. The FIR was lodged at the statement of the prosecutrix wherein she has allegedthat on 24.08.2022 she went to the hotel “The Pearl”, Pahar Ganj, New Delhi to meet the petitioner/accused where she was asked to take a drink by the accused. She has alleged that subsequent to consuming the drink she felt dizzy and thereafter became unconscious. It has been alleged that the Petitioner/Accused sexually exploited her and raped her without her consent. The victim was examined under section 164 CrPC before the Learned Magistrate and on the completion of the investigation the charge sheet was filed under section 376/328 IPC.

2. Learned Counsel for the Petitioner submits that the accused has falsely been implicated and is being blackmailed by the victim. He submits that the present case is an example of honey trap and has provided details of three UPI transactions of Rs.1,00,000/- on 25.08.2022, Rs.40,000/- and Rs.50,000/- allegedly done by the son of petitioner on 26.08.2022 in the account of one Nazia Parveen.

3. Pursuant to the order of this court dated 20.12.2022, learned APP has handed over the status report. In the status report it has been provided that the account statements of Nazia Parveen as well as the son of the petitioner were obtained from their respective bankers and all the three enteries as alleged to have been done were found to be existing. Accordingly, Nazia Parveen was examined. She stated that her husband operated the bank account in question. Thereafter Shan Miyan, Husband of the Nazia informed that the said transactions were done by one of his contractor friend and he had returned the said money in cash to his friend at PS Nabi Karim. On examination, Arvind Sharma, informed that he had received a call from Sohan Lal who informed him that Harinmoy Das has been caught by the police in Paharganj and requested to help him. He further stated that some known persons of the prosecutrix who presented themselves to be advocates of the prosecutrix met him outside the police station and claimed to resolve the issue in lieu of money. The alleged friends of the prosecutrix negotiated with Arvind Sharma. Arvind Sharma after talking to his friend gave the account number of his friend’s wife to Sohan Lal and the money was transferred. Thereafter the alleged friends of prosecutrix demanded more money in the court that was not given to them.

4. The law in regard to grant or refusal of bail is very well settled. This court while granting bail has to keep in mind certain circumstances and factors like (i) the nature and gravity of the accusation; (ii) severity of the punishment in the event of conviction; (iii) prima facie case against the accused; (iv) danger of accused absconding or fleeing; (iv) reasonable apprehension of the witnesses being influenced; (v) danger, of course, of justice being thwarted by grant of bail. Ordinarily, the accused involved in offences, which are grave, serious and heinous in nature are not to be granted bail. However, the facts of this case are peculiar in nature. It is necessary to reproduce the relevant portion of the status report dated 02.01.2023 by Insp.Ashok Kumar, SHO, PS Nabi Karim. The investigation has already been completed. The trial may take a long time. The status report has revealed shocking facts, which are as follows: “The case was registered as soon as the medical process of the prosecutrix was completed and the accused/applicant was arrested. Thereafter, the alleged friends of the prosecutrix negotiated with Arvind Sharma for manipulating the statement of the prosecutrix to be recorded before the Ld. MM u/s 164 CrPC. Arvind Sharma talked to his friend and they were ready to pay. Thereafter, Arvind Sharma gave him the account number of his friend's wife and to Sohan Lal and the money was transferred in this account. Thereafter, friend of Arvind Sharma i.e. husband of Nazia Parveen gave the cash amount to Arvind Sharma who in turn gave it to the alleged friends of the prosecutrix. However, no favour was given in the statement as they demanded more money in the court that was not given to them. Arvind Sharma abstain himself from this matter since then. However at no point of time, this matter was brought in the notice of police by any of the aggrieved persons.

5. Perusal of the Nominal roll shows that the accused is in custody since 26.08.2022.

6. In view of the above facts and circumstance the accused/petitioner be released on bail during the pendency of the trial, upon execution of a personal bond of Rs.50,000 with one surety of the like amount to the satisfaction of the trial court, subject to the following conditions:

(i) The petitioner shall remain available on mobile number i.e.

(ii) The petitioner shall further remain in touch telephonically with the

(iii) In the event of change of his residential address/ contact details, the petitioner shall promptly inform the same to the I.O., PS Nabi Karim. (iv)The petitioner shall remain present in the Court as and when the appeal is taken up for hearing.

(v) The petitioner shall not contact the prosecutrix in any manner.

7. The petition stands disposed of with the above directions.

8. Copy of the order be sent to Jail Superintendent, Central Jail No.04, Tihar, Delhi.

DINESH KUMAR SHARMA, J JANUARY 4, 2023