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2023 Supreme(Del) 3337

TUSHAR RAO GEDELA
Sulabh Gupta – Appellant
Versus
State NCT of Delhi – Respondent


Advocates appeared:
Mr. Saurav Singh and Mr. Abhijit Mishra, Advocates.
Mr. Satinder Singh Bawa, APP for State with SI Anita Meena, PS-Ashok Vihar.
Ms. Pooja Kumari and Mr. Amit Kumar, Advocates for Complainant along with Complainant in person.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. This is an application filed on behalf of the applicant under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in respect of the FIR No. 378/2022 registered at PS: Ashok Vihar, Delhi under Sections 498A/406/34 IPC, initially to which the Sections 377 and 506 of the IPC, 1860 were subsequently added.

2. Learned counsel appearing for the applicant submits that on her own violation, respondent No.2 along with two minor children had left the matrimonial home in the month of October 2022. Learned counsel submits that since the matrimonial home was in the name of mother of the applicant, an injunction suit was accordingly filed by the mother of the applicant, by virtue whereof, an interim injunction order restraining the entry of respondent No.2 to the matrimonial home was passed.

3. Learned counsel submits that moreover by virtue of the order dated 01.03.2023, the learned Trial Court has enlarged the mother of the applicant on bail on the basis of the same facts.

4. Learned counsel submits that the respondent No.2 has all along been agitating only in respect of

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