IN THE HIGH COURT OF DELHI
Subramonium Prasad, J.
Gaurav Malik - Appellant
Versus
State of NCT Delhi - Respondent
Bail Appln. 401 of 2022 and Bail Appln. 442 of 2022
Decided On : 15-03-2022
| Table of Content |
|---|
| 1. overview of bail petitions and case facts. (Para 1 , 2) |
| 2. arguments of petitioners claiming false implications. (Para 3 , 4 , 6 , 7 , 8) |
| 3. court's observations on the need for custodial interrogation. (Para 9 , 10 , 13 , 14 , 17) |
| 4. judicial reasoning on the grant of anticipatory bail standards. (Para 15 , 16 , 18) |
| 5. petitions dismissed, requiring further investigation. (Para 20) |
JUDGMENT
Subramonium Prasad, J. These petitions have been filed under Section 438 Cr.P.C. seeking grant of bail to the Petitioners in the event of arrest in FIR No. 53/2022 dated 11.01.2022 registered at Police Station Khyala for offences under Sections 376/376(2)(n)/323/342/34 of the Indian Penal Code, 1860 (hereinafter, "IPC") and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, "POCSO").
2. The facts, in brief, leading up to the filing of both the petitions are as follows:
a) It is stated that the prosecutrix is a sales girl at a jewellery shop in Karol Bagh. She has been separated from her husband since 2012, however, she has been residing at a flat in Uttam Nagar which is the name of her husband.
b) On 10.03.2019, while the prosecutrix was at her job, she received a call from a friend of her husband, Ranjit Singh Chauhan (Petitioner in BAIL APPLN. 442/2022) who informed her that both her children - a son of 18 years of age, and a daughter of 15 years of age - were with him and he asked her to come home quickly. The prosecutrix rushed home to find Ranjit Singh, along with four persons, namely Vinay Bhasin, Sunil Kumar Sheela, Raghu Bansal and Shamsher Singh.
c) It is stated that Ranjit Singh asked the prosecutrix to vacate the home, and when she refused to do so, he threatened to harm her children who had allegedly been held captive by him and were in his car which was parked outside the home. Out of fear, the prosecutrix silently went and sat in the same vehicle, and all three were taken to a house in Shyam Nagar.
d) It is stated that Ranjit Singh kept the prosecutrix and her children in that house till 30.05.2019. He portrayed to the landlord that they were his family. He would instruct some of his men to keep an eye on the prosecutrix and her children, and would tell them to take the children outside the house. When the children were taking outside the house, Ranjit Singh would repeatedly rape the prosecutrix. It is stated that when the landlord asked Ranjit Singh to pay the rent, he quarrelled with him and forced the prosecutrix to file a complaint against the landlord in Police Station Tilak Nagar. A compromise was executed between the landlord and Ranjit Singh thereafter and the house at Shyam Nagar was vacated.
e) It is stated that the prosecutrix and her children were then shifted to a house in Ashok Nagar and were kept there till 28.09.2019, and the prosecutrix was raped at this house repeatedly as well by Ranjit Singh. Similar quarrels arose with the landlady of that house and it had to be vacated.
f) The prosecutrix was then taken to a house in Shivaji Enclave and kept there till 22.02.2020. It is stated that the house belonged to one Menka Chaturvedi, and that in this house, Gaurav Malik (Petitioner in BAIL APPLN. 442/2022) threatened the prosecutrix to have sexual relations with him. He would further beat the prosecutrix in order to make the Shivaji Enclave house in his and Ranjit Singh's name.
g) It is stated that the daughter of the prosecutrix would be forced to visit the gym and that the Ranjit Singh would then rape her as well, along with one Sachin Demble @ Chintu and one Rameshwar Dass, who would also rape the daughter of the prosecutrix at a hotel in Vikas Puri and a factory in Mayapuri. The daughter was threatened with being shot if she dared to reveal these incidents to her mother and her brother. Ranjit Singh had also snatched the phones of the prosecutrix and her children.
h) It is stated that the prosecutrix escaped Ranjit Singh and gave a compliant at P.S. Rajouri Ga
Anticipatory bail denied due to the serious nature of allegations involving a prostitution ring, necessitating custodial interrogation for a thorough investigation.
Bail can be granted when the allegations do not involve direct participation in serious crimes, and the accused demonstrates willingness to cooperate with the investigation.
Rape case – Gran of Bail - Consent of prosecutrix – Issues to be decided at Trial – No criminal antecedents of accused
The seriousness of the offence, cooperation with the investigation, and the need for custodial interrogation when the accused does not provide necessary information.
The main legal point established is the careful consideration of the nature of accusations, antecedents of the accused, and the possibility of tampering with witnesses in granting anticipatory bail.
Petitioner is not accused of committing rape and the fact that the petitioner has joined investigation, this Court is inclined to grant bail to the petitioner.
Bail – Court should be circumspect in granting bail in POCSO cases.
Anticipatory bail under Section 438 should be granted sparingly, especially in serious offences, considering potential risks and the necessity for thorough investigation.
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