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/ HIGH COURT OF DELHI
BAIL APPLN. 504/2018
SHOBHA p . .
Petitioner
BAIL APPLN. 504/2018
SHOBHA p . .
Petitioner
VERSUS
THE STATE GOVT OFNCT OF DELHI Respondent bail APPLN. 626/2018
HEERA SINGH
HEERA SINGH
VERSUS
STATE (GOVT OF NCT OF DELHI) Respondent
Through: Mr. Lokesh Kumar Mishra &Mr.Himanshu
Sharma, Advocates for petitioners Mr. G.M. Farooqui, APP for State
Mr. Ashutosh Kaushik, Advocate with Ms.Manika Tripathy Pandey, Adv. for R-2
Through: Mr. Lokesh Kumar Mishra &Mr.Himanshu
Sharma, Advocates for petitioners Mr. G.M. Farooqui, APP for State
Mr. Ashutosh Kaushik, Advocate with Ms.Manika Tripathy Pandey, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
14.11.2018 The petitioners have interim protection from arrest in FIR
No.667/2017.
On the previous date, i.e. on 16.10.2018, the following order was passed:
At request ofthe learned counsel for the petitioners re-notify on 14.11.2018.
Interim orders shall continue.
At this stage, Mr. Farooqui, the learned counselfor the
2018:DHC:8473 Statesubmits upon instructionsfrom theInvestigating Officer
^t father of the complainant has intimated the police apropos the counselfor the petitioner, Mr. Lokesh Kumar
Mishra, Advocate, having threatened his daughter with dire consequences, even ofextinguishing her life concerned and a
Status Report hefiled before the next date. n.;7/ •? the police officerpresent in the Court
2 flZ thepetitioner in the Court itselfand he and the SHO concernedshall assure her ofthe safety in terms of the threat assessed against her. Additionally, the petitioner will be provided three telephone numbers ofpolice officers including one ofthe ladypolice officer. These numbers shall be kept operational at all times so that any exigency can be intimated on either of the numbers by the petitioner. The
Court is assured by the learnedcounselfor the State that any message received on the said numbers or on any other telephone number ofthepolice either by way ofatelephone call or SMS shall be immediately responded to. The address of the petitioner shall not be disclosed to anybody by the police. Additionally the Beat Constable/Division Staffofthe area shall regularly visit the residence ofthepetitioner on a daily basisfor aperiod ofone month and report the same in the Roznamcha. The safety andsecurity ofthepetitionershall be assessed by the SHO on a weekly basis with due endorsement of the same in the Roznamcha. The Beat
Constable shall record entries in his BeatBook. "
The allegation is that the petitioners had endeavoured and tried to extinguish the life of their daughter-in-law by not only assaulting her but trying to bum her by dousing her with kerosene. However, according to the
MLC, the doctor's note on smell ofkerosene/petrol from her cloth has been scratched out and allegedly signed by the Doctor, who recorded the history of assault on her.
It is also a matter of record that the clothes were sent for forensic
•r examination after a month of tlte alleged incident and the same was examined forensically after 4-5 months in June-July, 2018 to the effect that there was no such smell found from the clothes. The petitioners havejoined mvestigation and undertake to do so as and when called upon by the
Investigating Officer.
In view ofthe above, the interim protection is confirmed. It is directed that in the event ofarrest ofthe petitioners in the present case, they shall be released on their fiimishing apersonal bond in the sum ofRs.25,000/- each with one surety of the like amount to the satisfaction of the Investigating
^ Officer/Trial Court concerned. Nothing stated in this order shall be deemed to be an observation on the merits ofthe matter.
Apropos the delay in sending the victim's clothes for forensic examination, the matter shall be looked into by the DCP concerned for appropriate action within the next three weeks and report be filed in this
Court on or before 10^^ December, 2018. In default thereof, the case shall be listed for directions.
The petitions stand disposed-offinthe above terms.
NOVEMBER14,2018 N^^IWAZIRU. rd
14.11.2018 The petitioners have interim protection from arrest in FIR
No.667/2017.
On the previous date, i.e. on 16.10.2018, the following order was passed:
At request ofthe learned counsel for the petitioners re-notify on 14.11.2018.
Interim orders shall continue.
At this stage, Mr. Farooqui, the learned counselfor the
2018:DHC:8473 Statesubmits upon instructionsfrom theInvestigating Officer
^t father of the complainant has intimated the police apropos the counselfor the petitioner, Mr. Lokesh Kumar
Mishra, Advocate, having threatened his daughter with dire consequences, even ofextinguishing her life concerned and a
Status Report hefiled before the next date. n.;7/ •? the police officerpresent in the Court
2 flZ thepetitioner in the Court itselfand he and the SHO concernedshall assure her ofthe safety in terms of the threat assessed against her. Additionally, the petitioner will be provided three telephone numbers ofpolice officers including one ofthe ladypolice officer. These numbers shall be kept operational at all times so that any exigency can be intimated on either of the numbers by the petitioner. The
Court is assured by the learnedcounselfor the State that any message received on the said numbers or on any other telephone number ofthepolice either by way ofatelephone call or SMS shall be immediately responded to. The address of the petitioner shall not be disclosed to anybody by the police. Additionally the Beat Constable/Division Staffofthe area shall regularly visit the residence ofthepetitioner on a daily basisfor aperiod ofone month and report the same in the Roznamcha. The safety andsecurity ofthepetitionershall be assessed by the SHO on a weekly basis with due endorsement of the same in the Roznamcha. The Beat
Constable shall record entries in his BeatBook. "
The allegation is that the petitioners had endeavoured and tried to extinguish the life of their daughter-in-law by not only assaulting her but trying to bum her by dousing her with kerosene. However, according to the
MLC, the doctor's note on smell ofkerosene/petrol from her cloth has been scratched out and allegedly signed by the Doctor, who recorded the history of assault on her.
It is also a matter of record that the clothes were sent for forensic
•r examination after a month of tlte alleged incident and the same was examined forensically after 4-5 months in June-July, 2018 to the effect that there was no such smell found from the clothes. The petitioners havejoined mvestigation and undertake to do so as and when called upon by the
Investigating Officer.
In view ofthe above, the interim protection is confirmed. It is directed that in the event ofarrest ofthe petitioners in the present case, they shall be released on their fiimishing apersonal bond in the sum ofRs.25,000/- each with one surety of the like amount to the satisfaction of the Investigating
^ Officer/Trial Court concerned. Nothing stated in this order shall be deemed to be an observation on the merits ofthe matter.
Apropos the delay in sending the victim's clothes for forensic examination, the matter shall be looked into by the DCP concerned for appropriate action within the next three weeks and report be filed in this
Court on or before 10^^ December, 2018. In default thereof, the case shall be listed for directions.
The petitions stand disposed-offinthe above terms.
NOVEMBER14,2018 N^^IWAZIRU. rd
JUDGMENT