Gaurav Arora vs State Of NCT Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1544

TALWANT SINGH
Gaurav Arora – Appellant
Versus
State Of NCT Delhi – Respondent

Advocates appeared:
U.M. Tripathi, Advocate, M.S. Oberoi, Advocate, Inderjeet Sidhu, Advocate

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

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