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2020 Supreme(Del) 886
IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Naushad - Appellant
Versus
State Of NCT Of Delhi & Anr. - Respondent
Bail Application No. 1390 of 2020
Decided On : 24-08-2020
Ravindra S Garia, Advocate, Shashank Singh, Advocate, Subraph Kumar Roshan, Advocate, Meenakshi Dahiya, Advocate, S.P. Sharma, Advocate
The main legal point established in the judgment is the need to balance individual liberty and the society's interest, as well as the presumption of innocence of the accused until proven guilty, in the context of granting anticipatory bail.
Headnote:
Anticipatory Bail - Rape Allegations - Sections 376/506/34 IPC - [SUMMARY]
Fact of the Case:
The case involved an application for anticipatory bail in a matter where the applicant was accused of repeated rape by the complainant, who was his sister-in-law. The complainant alleged that she was threatened and sexually assaulted by her brother-in-law and his elder brother over a period of time.
Finding of the Court:
The court found that the applicant was entitled to anticipatory bail based on the circumstances of the case, including the delay in filing the complaint, the lack of evidence against the applicant for certain allegations, and the cooperation of the applicant in the investigation.
Issues: The issues included the seriousness of the allegations, the delay in filing the complaint, the cooperation of the applicant in the investigation, and the potential threat to the complainant.
Ratio Decidendi: The court emphasized the need to balance the conflicting interests of individual liberty and the society's interest, as well as the presumption of innocence of the accused until proven guilty. It also considered the principles laid down by the Supreme Court in previous judgments regarding the grant of anticipatory bail.
Final Decision: The court granted anticipatory bail to the applicant with specific conditions, including appearance for investigation, cooperation with the investigation, and non-contact with the complainant.
JUDGMENT
Jyoti Singh, J. - This is an Application under Section 438 Cr.PC for grant of Anticipatory Bail in FIR No. 013/2020 dated 08.01.2020 registered at P.S. Burari, District: North under Sections 376/506 and 34 IPC.
2. Briefly stated, the case of the prosecution is that a Complaint was filed by the Complainant in which it was alleged that her marriage was solemnized with Rasheed on 12.11.2012 as per Muslim Rites. Family members of her husband resided jointly in the property, which is owned by her eldest brother-in-law, Shamshad. Her husband does the work of denting and painting and earns Rs. 25,000/- to 30,000/- every month. He hands over his income to his brothers, namely, Shamshad and Naushad and follows their dictate on every issue. Complainant was dependent even for her daily expenses on her brothers-in-law and whenever she asked them for money for expenses, they showed bad intention towards her. The husband of the Complainant never gave her any money and even when requested to pay for the daily needs of the children, he used to beat her. It is stated in the Complaint that the house was actually purchased by her husband, but is in the name of Shamshad. Complainant resided at the first floor of the house and on the same floor, her brother-in-law Shamshad was living. Applicant resides at the ground floor of the said property.
3. As the Complaint goes, on 25.05.2015, at around 1 p.m. while the husband of the Complainant was at his shop and she was sleeping alone, her brother-in-law Shamshad knocked on the door and when she permitted him in, he raped her. He also threatened her that if she revealed the incident to anyone, her children will be murdered and he would make viral, the obscene pictures that he had taken in the room. On 18.06.2015, at around 12 p.m. Shamshad again raped her under the threat of posting her pictures on the internet. It is alleged that Shamshad had been raping her from the last six months, against her wish and on 20.12.2015, the Applicant raped her.
4. On 13.04.2016, at about 12.30 p.m. when the wife of Naushad was not in the house, taking the opportunity, Naushad had physical relations with her, against her will and threatened that in case she revealed the physical relationships of Shamshad with her and complained about it to anyone, he would kill her children. She then complained to her husband on 15.08.2016, however, he only supported his brothers and abused and physically man-handled the Complainant. At about 1.30 p.m. on 06.12.2019, taking the opportunity of his wife not being home, Naushad again had physical relations with her, threatening her of dire consequences and on the said date, Complaint was filed and investigation was taken up by W/SI.
5. On the basis of the above Complaint, FIR was registered on 08.01.2020 under Sections 376/506/34 IPC.
6. Applicant filed an Application for grant of Anticipatory Bail before the Court of Sessions on 06.02.2020, being Bail Application No. 741/2020, but the same was dismissed on 07.02.2020. The Sessions Court has dismissed the Application on the ground that serious allegations have been made by the Complainant against the Applicant, who is the brotherin-law (Jeth). Investigation is not complete and the custodial interrogation of the Applicant is required for recovery of the mobile phone in which the obscene photographs and video have been prepared.
7. Contention of the learned counsel for the Applicant is that the applicant is an innocent person and has been falsely implicated in the instant case. Applicant has clear antecedents with deep roots in the Society and has never been involved in any criminal case, prior to the alleged incidents. Perusal of the FIR reveals that as far as the first alleged incident is concerned, the allegation is only against Shamshad and not against the Applicant. Similarly, even the alleged incident of 20.05.2015 has no connection with the Applicant. The first allegation against the Applicant is that he allegedly raped the Com
