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,$~l/5 HIGH COURT OF DELHI
BAIL APPLN. 1859/2017
RAHUL BHALLA Petitioner
Through Mr. Ajay Mahla, Adv.
,$~l/5 HIGH COURT OF DELHI
BAIL APPLN. 1859/2017
RAHUL BHALLA Petitioner
Through Mr. Ajay Mahla, Adv.
VERSUS
STATE OF NOT OF DELHI Respondent
Through, Ms. Manjeet Arya, APP with ASI Anita, P.S. M. Nagar
Ms. Vandana Kumar, Adv. for complainant' AND
Through, Ms. Manjeet Arya, APP with ASI Anita, P.S. M. Nagar
Ms. Vandana Kumar, Adv. for complainant' AND
BAIL APPLN. 1858/2017
GULSHAN BHALLA .....Petitioner
Through Mr. Ajay Mahla, Adv.
GULSHAN BHALLA .....Petitioner
Through Mr. Ajay Mahla, Adv.
VERSUS
STATE OF NCT OF DELHI Respondent
Through Ms. Manjeet Arya, APP with ASI Anita, P.S. M. Nagar
Ms. Vandana Kumar, Adv. for complainant
Through Ms. Manjeet Arya, APP with ASI Anita, P.S. M. Nagar
Ms. Vandana Kumar, Adv. for complainant
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
13.02.2018 Rahul Bhalla is husband and Gulshan Bhalla is father-in-law of
2018:DHC:8177 complainant. Learned counsel for the petitioners submits that in the initial complaint given to the Crime against Women Cell, pursuant whereof FIR
No. 248/2017 under Sections 498-A/406/34 IPC was registered at Police
Station Mukherjee Nagar, no allegations of unnatural sex were made against
Rahul Bhalla (husband) and of molestation against Gulshan Bhalla (father- in-law). FIR was lodged by the complainant against the petitioners after three years of marriage on the allegations that she was harassed and maltreated by the petitioners in order to compel her to bring dowry. General allegations were levelled. In the statement under Section 164 Cr.P.C. recorded subsequently after about three months, allegations of unnatural sex were levelled for the first time in order to put pressure. Improvements were also made in the statement under Section 164 Cr.P.C. regarding, alleged molestation. Petitioners has participated in the investigation.
Learned APP and learned counsel for the complainant have opposed the grant of anticipatory bail to the petitioners. Learned counsel for the complainant submits that petitioner Rahul Bhalla is impotent. She ftirther submits that he committed unnatural sex with the complainant. She says that dowry articles have not been returned.
Learned APP submits that specific allegations of unnatural sex have been levelled against the petitioner Rahul Bhalla and of molestation against the petitioner Gulshan Bhalla by the complainant in her statement under
Section 164 Cr.P.C. On 22"^ September, 2016, complainant had given two complaints and in one of the complaints she had stated that her father-in-law had caught hold ofher hand under the influence of liquor.
Keeping in mind the totality of facts and circumstances ofthis case, it is ordered that in case of an-est, petitioners be released on bail subject to their furnishing a personal bond in the sum of ?25,000/-(Rupees Twenty
Five Thousand Only) each with one surety each of the like amount to the satisfaction ofthe Investigating Officer/Arresting Officer/SHO concerned.
Bail applications are disposed of in the above terms.
Dasti.
FEBRUARY 13, 2018 r. bararia A.K. PMHAK, J.
13.02.2018 Rahul Bhalla is husband and Gulshan Bhalla is father-in-law of
2018:DHC:8177 complainant. Learned counsel for the petitioners submits that in the initial complaint given to the Crime against Women Cell, pursuant whereof FIR
No. 248/2017 under Sections 498-A/406/34 IPC was registered at Police
Station Mukherjee Nagar, no allegations of unnatural sex were made against
Rahul Bhalla (husband) and of molestation against Gulshan Bhalla (father- in-law). FIR was lodged by the complainant against the petitioners after three years of marriage on the allegations that she was harassed and maltreated by the petitioners in order to compel her to bring dowry. General allegations were levelled. In the statement under Section 164 Cr.P.C. recorded subsequently after about three months, allegations of unnatural sex were levelled for the first time in order to put pressure. Improvements were also made in the statement under Section 164 Cr.P.C. regarding, alleged molestation. Petitioners has participated in the investigation.
Learned APP and learned counsel for the complainant have opposed the grant of anticipatory bail to the petitioners. Learned counsel for the complainant submits that petitioner Rahul Bhalla is impotent. She ftirther submits that he committed unnatural sex with the complainant. She says that dowry articles have not been returned.
Learned APP submits that specific allegations of unnatural sex have been levelled against the petitioner Rahul Bhalla and of molestation against the petitioner Gulshan Bhalla by the complainant in her statement under
Section 164 Cr.P.C. On 22"^ September, 2016, complainant had given two complaints and in one of the complaints she had stated that her father-in-law had caught hold ofher hand under the influence of liquor.
Keeping in mind the totality of facts and circumstances ofthis case, it is ordered that in case of an-est, petitioners be released on bail subject to their furnishing a personal bond in the sum of ?25,000/-(Rupees Twenty
Five Thousand Only) each with one surety each of the like amount to the satisfaction ofthe Investigating Officer/Arresting Officer/SHO concerned.
Bail applications are disposed of in the above terms.
Dasti.
FEBRUARY 13, 2018 r. bararia A.K. PMHAK, J.
JUDGMENT