Anticipatory bail can be granted in cases where the allegations are found to be false and there is no need for custodial interrogation. The court should consider the facts of the case and the participation of the petitioner in the investigation before granting anticipatory bail.

JUDGMENT

Talwant Singh, J. - The petitioner has moved this application seeking anticipatory bail in case FIR No. 1048/2021 under Section 354 of Indian Penal Code, 1860 (hereinafter referred to 'IPC') and Section 8 of Protection of Children from Sexual Offences act, 2012 (hereinafter referred to 'POCSO act') at PS Nihal Vihar.

2. It has been submitted on behalf of the petitioner that the marriage of the applicant/accused with the complainant was solemnized in the year 2009. It was love-cum-arranged marriage and as such the same was dowry-less. Out of this wedlock, two children were born; a baby girl on 07.09.2014 and a boy on 16.10.2018. Since beginning, the behaviour of the complainant was not good towards the applicant and her mother. She was pressurizing the applicant to sell the matrimonial home, which was registered in the name of the mother of the applicant.

2.1. On 23.06.2021, the complainant made a complainant to police that the applicant had kidnapped her son on which applicant was called to the police station where he had stated that he and his son had gone to a shop at the instance of his son. The matter was resolved. The complainant went away with the children after taking her jewellery on 24.06.2021 extending threat that she will drag the applicant and his family members by filing false cases. Thereafter, the complainant lodged a complaint alleging demand of dowry. The applicant attended CaW Cell on each and every date of hearing. The efforts for conciliation made at CaW Cell failed as complainant flatly refused to join the company of the applicant on 10.08.2021. Thereafter the complainant went to police station at Nihal Vihar on 14.08.2021 and she levelled allegation of sexual assault committed by the applicant. The applicant was telephonically called to the police station and the complainant was asked to give a written complaint. The applicant satisfied the queries made by the police officials and had joined the investigation. at about 9 PM he was released by the police officials with further direction to join investigation on 16.08.2021. The applicant visited the police station on 12 O' clock on 16.08.2021, where he was detained in the police station till 9 PM. Later on he was released with a direction to visit the police station as and when directed. The applicant was not provided with the copy of the complaint/FIR.

2.2. On 17.07.2019, the applicant moved an application before this Court for directing the police to supply copy of the FIR, upon which the Hon'ble Court directed the IO to provide the copy of the FIR to counsel for the applicant. On 19.08.2021, the copy of the FIR was mailed to him and after going through the content of the same, it came to the knowledge of the applicant that certain false allegations were made against him, which are totally false and frivolous and the girl child has been tutored by the complainant to depose against the applicant with intention to extort money from the applicant by creating pressure of arrest. No such incident had ever occurred or could not be presumed to have taken place as the entire family members were present in the said room.

2.3. It is further submitted that the case lodged against the applicant is a misuse of process of law in order to satisfy personal goal of the complainant. Initially, the applicant had moved his anticipatory bail application before learned aSJ but the same was dismissed on 26.08.2021. The applicant apprehends danger of his arrest; hence the present petition has been moved. No custodial interrogation is required as the applicant has already participated and cooperated in the investigation, which is almost complete. The applicant has clean antecedent and has been never involved in the commission of any crime. No recovery is to be made at the instance of the applicant; the applicant has undertaken not to induce any person acquainted with the facts of the case and further not to tamper with the evidence or the witnesses in any manner and to abide