Anil Gulati v. State

1. Petitioner seeks anticipatory bail in FIR No.227/2018 under Sections 498A/406/509/354/323/34 IPC, Police Station South Rohini. After investigation, Section 377 has been added.

2. The petitioner is the Nandoi i.e. the husband of the sister of the husband of the complainant. The allegations against the petitioner are that the petitioner used to eye the complainant and also used to misbehave with her. It is alleged that he had touched her inappropriately few times.

3. Learned counsel for the petitioner submits that the petitioner has 2019:DHC:1623 BAIL APPLN.131/2019 been falsely implicated. He submits that the subject FIR is an offshoot of a matrimonial dispute and all the family members have been implicated. He submits that the petitioner is a respectable person having family and his children are also married. Learned counsel further submits that the petitioner was not residing in the matrimonial house of the prosecutrix.

4. On 18.01.2019 petitioner was granted interim protection subject to joining investigation. Learned APP under instructions submits that petitioner has joined investigation and investigation qua the role of the petitioner is complete, however, further investigation is still on.

5. Without commenting on the merits of the case and keeping in view the totality of facts and circumstances, I am satisfied that petitioner has made out a case for grant of anticipatory bail. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail on his furnishing a bail bond in the sum of Rs. 15,000/with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioner shall not do anything which may prejudice either the investigation, trial or the prosecution witnesses.

6. Petition is allowed in the above terms.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J MARCH 18, 2019