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$ HIGH COURT OF DELHI
BAILAPPLN.582/2019
ANWAR HUSSAIN Petitioner
Through:Mr.N.S.Dalai and Mr.Arasad Ahamad, Advocates
BAILAPPLN.582/2019
ANWAR HUSSAIN Petitioner
Through:Mr.N.S.Dalai and Mr.Arasad Ahamad, Advocates
VERSUS
STATE Respondent
Through:Ms.Meenakshi Chauhan,APP for State with Insp. VijayPal,SHOPS Shaheen Bagh and
ASI Rakesh Mr.Tejasv Mehra,Adv.for complainant
Through:Ms.Meenakshi Chauhan,APP for State with Insp. VijayPal,SHOPS Shaheen Bagh and
ASI Rakesh Mr.Tejasv Mehra,Adv.for complainant
BAILAPPLN.585/2019
BAZLUR REHMAN Petitioner
Through:Mr.N.S.Dalai and Mr.Arasad Ahamad, Advocates
.
BAZLUR REHMAN Petitioner
Through:Mr.N.S.Dalai and Mr.Arasad Ahamad, Advocates
.
VERSUS
STATE Respondent
Through:Ms.Meenakshi Chauhan,APP for State with Insp. Vijay Pal,SHOPS Shaheen Bagh and
ASI Rakesh Mr.Tejasv Mehra,Adv.for complainant
Through:Ms.Meenakshi Chauhan,APP for State with Insp. Vijay Pal,SHOPS Shaheen Bagh and
ASI Rakesh Mr.Tejasv Mehra,Adv.for complainant
CORAM:
HON'BLE MR.JUSTICE R.K.GAUBA
08.07.2019 Allegations have been made in the first information report
(FIR) no.25/2019 of police station Shaheen Bagh registered on the complaint ofRubina N.Sheildi against the petitioners indicating their involvement in offences punishable under Sections 354B,323,341, BAIL APPLN.582/2019&585/2019 page 1 of4
2019:DHC:7291 y 509,34 IPG against her. The first infonnant is the wife ofthe first petitioner,the other petitioner being his father and,therefore,father- in-law to her. It appears thatthere is a history ofmarital discord. On
08.03.2019,the following observations were recorded :-
"Status reportfiled. Though some materialprimarily in the nature ofsocial media chat has beenfiled indicating amiable relationship between thefirst informant Rubina
N. Sheikh and her husband (petitioner) they having moved out ofthe house in the company ofeach other, inter alia,for dinner and shopping, thefact remains that the incident is alleged to have occurred later in the night athome. Italso needs to be noted that though DD no. 5A and MLC recorded sometime after mid night of9 and
10.02.2019 do show physical assault, the FIR was registered three days after on the basis ofstatementgiven on 13.02.2019.
The petitioner is directed tojoin investigation and cooperate with theprocess.
Furtherstatus reportshall befiled on the next date i.e. 23'"^April,2019.
Meanwhile, there shall be no coercive steps against the petitioner subject to strict compliance with the above directions."
On 23.04.2019, when both petitions had come up together, certain submissions were made indicating endeavour by the investigating agency to downplay the gravity of the case. The observations recorded and the directions given on that day would read thus :-
"The MLCindicates that when she(the complainant)was medically examined on 10.02.2019 the complainant had informed the examining medical officer that, besides other assaults, she was bitten on the cheek by the
08.07.2019 Allegations have been made in the first information report
(FIR) no.25/2019 of police station Shaheen Bagh registered on the complaint ofRubina N.Sheildi against the petitioners indicating their involvement in offences punishable under Sections 354B,323,341, BAIL APPLN.582/2019&585/2019 page 1 of4
2019:DHC:7291 y 509,34 IPG against her. The first infonnant is the wife ofthe first petitioner,the other petitioner being his father and,therefore,father- in-law to her. It appears thatthere is a history ofmarital discord. On
08.03.2019,the following observations were recorded :-
"Status reportfiled. Though some materialprimarily in the nature ofsocial media chat has beenfiled indicating amiable relationship between thefirst informant Rubina
N. Sheikh and her husband (petitioner) they having moved out ofthe house in the company ofeach other, inter alia,for dinner and shopping, thefact remains that the incident is alleged to have occurred later in the night athome. Italso needs to be noted that though DD no. 5A and MLC recorded sometime after mid night of9 and
10.02.2019 do show physical assault, the FIR was registered three days after on the basis ofstatementgiven on 13.02.2019.
The petitioner is directed tojoin investigation and cooperate with theprocess.
Furtherstatus reportshall befiled on the next date i.e. 23'"^April,2019.
Meanwhile, there shall be no coercive steps against the petitioner subject to strict compliance with the above directions."
On 23.04.2019, when both petitions had come up together, certain submissions were made indicating endeavour by the investigating agency to downplay the gravity of the case. The observations recorded and the directions given on that day would read thus :-
"The MLCindicates that when she(the complainant)was medically examined on 10.02.2019 the complainant had informed the examining medical officer that, besides other assaults, she was bitten on the cheek by the
BAIL APPLN.582/2019&585/2019 page2of4 husband, i.e.,petitionerAnwarHussain. Itis notclear as to why the case would involve, besides others, offence under Section 323 ofthe Indian Penal Code, 1860(IPG) only. TheSHO concernedshallexplain.
The matter shall be investigated properly taking note of the aforesaid allegation as well. Further updated status reportshall be submitted.
Be listedon S"^ July,2019.
The interim orders to continue." The additional status report submitted by Station House Officer of police station Shaheen Bagh on 04.07.2019 indicates the first informant had not alleged she having been beaten on her cheek by the husband at earlier stages, the examining medical officer standing by his opinion thatthe injury suffered by her was simple in nature,there being nothing to indicate presence ofteeth mark. The investigating agency does notrequire the presence ofthe petitioners.
In these circumstances,the bailapplications are allowed. It is directed that in the event ofthe petitioners being arrested, they shall be released on bail by the arresting officer on furnishing personal bond in the sum of Rs.25,000/- each with one surety in the like amountsubjecttothefollowing further conditions:-
(i) The petitioners shall continue cooperating with the investigation andjointhe same as and when called upon to do so;
(ii) The petitioners shall not come in contact with ortry to influence any ofthe witnesses connected to the case;
(iii) Priorto their release,they shall givethetelephone numbersof
The matter shall be investigated properly taking note of the aforesaid allegation as well. Further updated status reportshall be submitted.
Be listedon S"^ July,2019.
The interim orders to continue." The additional status report submitted by Station House Officer of police station Shaheen Bagh on 04.07.2019 indicates the first informant had not alleged she having been beaten on her cheek by the husband at earlier stages, the examining medical officer standing by his opinion thatthe injury suffered by her was simple in nature,there being nothing to indicate presence ofteeth mark. The investigating agency does notrequire the presence ofthe petitioners.
In these circumstances,the bailapplications are allowed. It is directed that in the event ofthe petitioners being arrested, they shall be released on bail by the arresting officer on furnishing personal bond in the sum of Rs.25,000/- each with one surety in the like amountsubjecttothefollowing further conditions:-
(i) The petitioners shall continue cooperating with the investigation andjointhe same as and when called upon to do so;
(ii) The petitioners shall not come in contact with ortry to influence any ofthe witnesses connected to the case;
(iii) Priorto their release,they shall givethetelephone numbersof
BAIL APPLN.582/2019&585/2019 page 3 of4 themselves and of at least one other responsible family member besides that ofthe surety to the investigating officer;
(iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the Court or to any police officer ortamper with the evidence;
(v) They shall not leave India without the prior permission ofthe court of cognizance or the trial court, as the case may be,and to ensure due compliance with this condition and shall deposit their passports,ifthey hold one,with the said court.
The bail applications stands disposed ofin above terms.
Dasti.
JULY 08,2019 yg
(iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the Court or to any police officer ortamper with the evidence;
(v) They shall not leave India without the prior permission ofthe court of cognizance or the trial court, as the case may be,and to ensure due compliance with this condition and shall deposit their passports,ifthey hold one,with the said court.
The bail applications stands disposed ofin above terms.
Dasti.
JULY 08,2019 yg
BAIL APPLN.582/2019 8c 585/2019 page4of4
JUDGMENT