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IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJNISH BHATNAGAR, J.
Navdeep Singh @ Gaurav – Appellant
Versus
State Of NCT Of Delhi - Respondent
Bail Appln. 2961 of 2020 and Crl.M.A.4145-47 of 2021
Decided on : 10-05-2021
Indian Penal Code, 1860 - Sections 354/376/493/506 – Criminal Procedure Code, 1973 – Section 164 – Assault or criminal force to woman with intent to outrage her modesty – Criminal Intimidation - Seeking anticipatory bail - Alleged that her husband and her parents were firm believers of Guruji, whose temple is known as “Bade Mandir”, so she also got involved in same - Further alleged that husband of complainant and his family members were well acquainted with petitioner and complainant was also introduced to him - After sometime, petitioner started visiting house of complainant on pretext of meeting her children and husband, who was closed to him.
Finding of the court: As per Status Report victim has identified place where alleged marriage took place between her and petitioner - Status Report further reveals that said place was videographed and photographed and it is a well built room with air conditioner installed in room - Status Report further states that it is believed that this room is turned into a servant room after registration of FIR as no owner would afford to give his servant luxury of an air conditioner. Petitioner has placed on record photos, showing condition of alleged place of incident. Now whether it was a luxurious or it was a dilapidated room of farm house, same is a matter of trial as to what type of room it was and would be revealed by victim when she appears in witness box. In any case this aspect of matter can be taken care of by putting stringent condition on petitioner - Whatever submissions have been made in regard to statement U/s 164 Cr.P.C, same has been made on basis of status report and on basis of submissions made by Ld. APP before Court of Sessions during hearing of bail application - It is made clear that in case these conditions are violated, complainant or prosecutor shall be free to move an appropriate application for revocation of grant of bail to present petitioner.
Result: Petition is allowed and disposed of.
ORDER :
RAJNISH BHATNAGAR, J.
1. This is a petition for grant of anticipatory bail in respect of FIR No. 0620/2020, U/s 354/376/493/506 IPC registered by Police Station Vikas Puri Delhi.
2. Briefly stated, the facts of the prosecution case are that on 05.09.2020, on the basis of a complaint against the petitioner, his wife Mrs. Khushboo Singh and two employees of Guruji Ka Ashram Trust (registered) namely Suresh and Bilal, an FIR bearing No. 0620/2020, U/s 376/354/493/506 IPC was registered.
3. In the complaint, the complainant alleged that she was a permanent resident of Jhansi who got married on 11.12.2010 and was living with her husband and in-laws in New Delhi. It is alleged that her husband and her parents were firm believers of Guruji, whose temple is known as “Bade Mandir”, so she also got involved in the same. It is further alleged that she met the petitioner in the year 2013, who is the nephew of late Guruji and was his sole heir, so he was in full control of the “Bade Mandir” and was handling all its affairs and had a dominating presence in all the activities of the Mandir. It is further alleged that the husband of the complainant and his family members were well acquainted with the petitioner and the complainant was also introduced to him. It is further alleged that after sometime, petitioner started visiting the house of the complainant on the pretext of meeting her children and husband, who was closed to him.
4. It is further alleged that the petitioner started persuading her husband to come for the functions/satsang of the mandir at Dugri in Punjab which is the birth place of Guruji for seva. So, her husband started going to Dugri taking her and her children alongwith him at times. It is alleged that the petitioner introduced them to his wife and family and he used to spend a lot of time with them, especially with the complainant. It is alleged that the petitioner used to call the complainant regularly and would tell her about Guruji miracles and his relationship with him.
5. It is further alleged that the petitioner made her husband and her father-in-law members of the core committee of the mandir and started calling them to the Mandir very frequently and the husband of the complainant started going to mandir 5 times a week due to the persuasions of the petitioner, whereas earlier he used to go only once a week. It is alleged that the marriage of the complainant was a love marriage and she had a very happy and stable family but around 20162017 her relations with her in-laws started straining as the petitioner had started poisoning their mind against her by saying that the complainant was not an appropriate daughter-in-law.
6. It is further alleged that the petitioner used to influence her in-laws by saying that the complainant was not taking care of the family as it should be taken and he also used to instigate her in-laws by saying that the complainant was not from an affluent background. It is further alleged that the complainant was preparing for her Civil Services Exams but left her study after her first child and the petitioner made an issue of it. It is alleged that due to the consistent poisoning by the petitioner, some friction started creeping into her relationship with her in-laws and her husband and she started feeling lonely, depressed and isolated. It is alleged that since the petitioner succeeded in getting the complainant isolated from her in-laws and her husband, he manipulated the situation to portray himself as her savior.
7. It is alleged that as the petitioner used to talk nicely and politely with the complainant, so she started disclosing the problems of her matrimonial house to the petitioner, so that he could provide some help through his divine intervention. It is alleged that from the beginning of 2017, the petitioner changed track and started telling the complainant that her husband was having an affair with another woman from the Sangat and started polluting her mind against her husband and hi
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