Abhishek Singh v. State & Anr. & Ors.

1. This is an application seeking interim bail moved on behalf of petitioner, Abhishek Singh in FIR No. 56/2018 under Section 354A/376/420/468/471 IPC and Sections 66C and 66D of the IT Act, registered at PS South Avenue in which he was arrested on 17.02.2020. Initially, the FIR was registered on 13.12.2018, the petitioner was arrested on 17.12.2018 but was enlarged on bail on 08.01.2019. The first charge sheet was filed on 12.03.2019 under Section 420/468/471 IPC read with Sections 66C and 66D of the IT Act. 1.[1] Initially, the allegation made by respondent no. 2, was that the petitioner had cheated her of Rs. 5 lacs by claiming himself to be a Yoga Guru of the President of India. 1.[2] When respondent no. 2 came to know about the grant of bail to the petitioner, she approached the police authorities on 05.08.2019 and filed a 2022:DHC:3225 written complaint against the petitioner wherein she had, in addition to the facts earlier mentioned, made allegations of molestation and rape against the petitioner. 1.[3] Her statement was recorded under Section 164 Cr.P.C. before learned Metropolitan Magistrate, Patiala House on 06.08.2019. The petitioner joined the investigation and was taken into custody on 17.02.2020 and a Supplementary Charge Sheet under Section 354A/376/468/471 IPC and Sections 66C and 66D of the IT Act was filed. An interim bail application moved by the present petitioner was declined by Additional Sessions Judge vide order dated 30.07.2020. 1.[4] A regular bail application was dismissed on 23.11.2020 by the District Court. The petitioner preferred bail application No. 66/2021 before this Court, which was disposed of vide order dated 05.04.2021, while directing the Sessions Court to examine the prosecutrix as a first witness. Another bail application bearing No. 2260/2021 was preferred by the petitioner, which is pending. In the meantime, interim bail application filed by the petitioner was allowed on 30.07.2021 for a period of three weeks and he had surrendered back within the stipulated period. The prosecutrix has been already crossexamined before the learned Trial Court.

2. The petitioner has moved this present application on the ground that the school admission and payment of fees of the three children of the petitioner is at stake and an interim bail application moved by him on 06.05.2022 was dismissed on 12.05.2022. Hence, the petitioner has approached this Court praying for interim bail for a period of 30 days.

3. Notice was issued.

4. Status Report was filed but the same was lying under objections. However, a copy of the same has been placed on record.

5. Apart from detailing the facts of the case against the present petitioner, it has been mentioned that the grounds of the interim bail application have been verified. 5.[1] The parents of the present petitioner, his wife and three minor children were found at home. The daughter of the petitioner is studying in Class 3rd and her first quarter fees of Rs. 7,476/- is still pending. The sons of the petitioner have to be admitted in Nursery Class this year. The father of the petitioner is a retired Government teacher, who is getting a handsome pension and he also owns 10 Bigha of agricultural land. He has more than Rs. 7 lacs in his bank account and he could not give any satisfactory answer as to why he has not deposited the first quarter fees of the daughter of the petitioner. 5.[2] It has been submitted that the family of the petitioner has sufficient amount of money to pay the fees of the daughter of the petitioner, hence, the interim bail application has been opposed.

6. I have heard learned counsel for the petitioner as well as learned APP for the State. 6.[1] The Nominal Roll of the present petitioner was also called from the Jail Superintendent, which shows that as on 15.07.2022, he is already in custody for a period of 2 years, 5 months and 2 days; his jail conduct for the last one year has been ‘good’ and he was on interim bail on two occasions and his overall jail conduct is also termed as ‘good’. When the petitioner was released on interim bail on the last occasion, he surrendered back well in time.

7. The ground on which interim bail is sought, is a genuine one as the first quarter fees of the daughter of the petitioner has not been paid till date and the two younger sons of the petitioner are yet to be admitted to the Nursery Class and if indulgence is not shown to the petitioner at this stage, it will harm the educational prospects of the three children of the petitioner, without there being any fault on their part. 7.[1] As far as the non-payment of school fees of the daughter of the petitioner by the father of the petitioner is concerned, this Court cannot comment on the same as the pension being received by the father of the petitioner cannot be forceably appropriated towards payment of school fees of the minor daughter of the present petitioner. As far as admission of the two younger sons of the petitioner in Nursery Class is concerned, certain formalities need to be completed for getting the said children admitted, apart from payment of the fees to the school. 7.[2] Keeping all these facts in view, I am inclined to grant interim bail to the present petitioner for a period of 30 days from the date of his release on execution of personal bond of Rs. 50,000/- with surety of the like amount, subject to the satisfaction of the Jail Superintendent on the following conditions:

(i) The petitioner shall share his Mobile Number with the Jail

(ii) The petitioner shall not contact or threaten the witnesses in the present case during the interim bail period.

(iii) The petitioner shall not leave the country.

(iv) The petitioner shall surrender on time after completion of the interim bail period before the Jail Superintendent. A report in this regard be submitted by the Jail Superintendent within six weeks of the date of release of the present petitioner.

8. With these directions, the interim bail application is disposed of.