Full Text
BAIL APPLN.2514/2021
HIMMATSINGHMEHTA Petitioner !
Through: Mr. Vishal Gosain, Ms.Adyar Luthra and Mr.Pravir Singh,Advoeates. ;
I
Through: Dr. M.P. Singh, APP for the State along with SI Muna, P.S. : Model
Town,Delhi.
31.03.2022
ORDER
1. Petitioner seeks anticipatory bail under Section 438 ofCr.P.C. in FIR No. 330/2021 registered under Sections 354/506/509 IPG at P.S.: Model Town.Complainant/victim happens to be step daughter ofthe petitioner.
2. Learned counsel for the petitioner submits that interim protection has been granted to the petitioner vide order dated 16.07.2021.
3. In order to appreciate the contentions, the brief factual position as noticed vide order dated 16.07.2021 is reproduced hereinafter:
are set out in the FIR lodged before police station Model Town. It is the submission of learned counselfor the petitioner that the allegations are totallyfalse and such allegations are made only because ofa complaint he hadfiled against the prosecutrix on 04.06.2021 atpolice station Model Town when hegota threatfor vacation ofproperty in which he isstaying.
6. It is submitted the applicant got married Smt.Deepika Mehta, the mother ofthe prosecutrix in the year 1999andtheprosecutrix was8'A years old at that time. The allegations are ofmolesting her several times in the year 1999-2003 and when she was of 23_ years of age, she had allegedly confided about such incidents to her mother on 27.08.2019. Admittedly her mother expired on 23.04.2021.
7. It is the submission oflearned counselfor the petitioner even ifsuch allegations are taken to be allegedly correct, per law the entire allegations would be underSection 354IPG and offence under Section 354 IPG was bailable in the years 1999-
2003. The learned counselfor the petitioner has also referred to various whatsapp chat messages of the year 2017-18 wherein the conversation between theprosecutrix andthepetitioner does not reveal any such behavior ofthe petitioner herein. Reference is also made to various family photographssince theyear2016which alsoprima facie show it was a happyfamily. It is rather the submission oflearned counselfor the petitioner since the house wherein he stays viz. A-175, Gujranwala Town Part-1, New Delhi belongto the prosecutrix andher deceased mother and he beif;ig 60 years old is staying in the saidproperty, he is being threatened to vacate such premises and thus he filed a complaint dated 04.06.2021 with the police and immediately thereafter the prosecutrix hadfiledthepresentFIR on 17.06.2021."
4. The matter is pending investigation since2021.Petitioner is presently stated to be staying in a separate residence with his biological son in Noida and is aged about62 years old. The complaint is alleged to have been made after the petitioner lodged a complaint against the prosecutrix on 04.06.2021. Petitioner has alreadyjoined investigation and has not misused the liberty ofinterim protection. Considering the facts and circumstances, in the event of arrest, the accused/petitioner be released on bail, subject to his furnishing a personal bond in the sum of,Rs.25,000/-(Rupees Twenty Five Thousand only)with one surety in the like amount to the satisfaction of the Investigating Officer/SFIO concerned. Further, the petitioner is directed to join the investigation, as and when directed. i
5. The present bail application is accordingly disposed of.
ANOOP KUMAR MENDIRAT MARCH 31,2022 j A,J