SL.

No

Date

Office Notes,

reports, orders

or proceedings

or directions and

Registrar’s order

with Signatures

COURT’S OR JUDGES’S ORDERS

13.10.2023

ABA No. 856 of 2023

Hon'ble Rakesh Thapliyal, J.

1.

Mr. Aditya Purohit, learned counsel appear for

the applicant and Mr. Saurabh Pandey, learned Brief

Holder appears for the State.

2.

By the instant application, preferred under

Section 438 of Cr.P.C., the applicant is seeking grant of

anticipatory bail in connection with zero FIR-NIL/2023

for the offences punishable under Sections 376, 323,

406 and 506 of I.P.C., Police Station Ramnagar,

District-Nainital on the ground that this zero FIR was

registered

at

Police

Station

Ramnagar,

and

subsequently, this FIR has been transferred to Police

Station-Timarpur, Gopalpur, Delhi, and therefore, for

availing appropriate remedy in the appropriate Court of

NCT Delhi, the applicant be enlarged on transit

anticipatory bail for fifteen days.

3.

The brief facts of the case are that a complaint

was received by SHO, Police Station Ramnagar, District

Nainital on 20.06.2023, wherein it was alleged that on

07.08.2022, the applicant took the complainant to Delhi

with false promise of marriage, where he opened a food

supply centre, in which the complainant worked, and

for ten months, there was physical relationship of the

applicant with the complainant. Thereafter, a Misc.

Application No. 261/2023 titled “Smt. Manju vs. Kishan

Kumar” was filed under Section 156(3) of Cr.P.C. in the

Court of Additional Chief Judicial Magistrate, Ramnagar,

District Nainital, which was allowed on 31.07.2023, and

directions were issued to the SHO, Police Station

Ramnagar

to

carry-out

the

investigation,

and

thereafter, in compliance of the order of the learned

Additional

Chief

Judicial

Magistrate,

SHO,

Police

Station-Ramnagar, District Nainital registered a zero

FIR on 07.08.2023 against the applicant for the

offences punishable under Sections 376, 323, 406 and

506 of I.P.C.

4.

Counsel for the applicant submits that the

applicant has been falsely implicated and earlier to this

zero FIR, on 06.10.2022, the complainant lodged FIR

No. 0336/2022 at Police Station Timarpur, North

District, Delhi under Sections 392, 394 read with

Section 34 of I.P.C. It is further submitted by the

learned counsel for the applicant that the present

complainant was married having three children aged

about 20, 18 and 16 years, and she herself preferred a

Suit under Section 13 of the Hindu Marriage Act for

seeking decree of divorce, and the Family Court,

Nainital on 24.11.2022 decreed the said suit and the

marriage was dissolved and divorce was granted.

5

On the previous date, the State counsel informed

this Court that this zero FIR has been transferred to

P.S. Timarpur, Gopalpur, Delhi and, therefore, this

Court has no jurisdiction to entertain this Anticipatory

Bail Application. In response to this, counsel for the

applicant

submits

that

Section

156(3)

Cr.P.C.

Application was moved before the Court within the

territorial jurisdiction of the State of Uttarakhand, and

the same was allowed by the learned Additional Chief

Judicial Magistrate, Ramnagar, District Nainital and,

thereafter, the zero FIR was registered at Police Station

Ramnagar, however, the same is now sent to Police

Station Timarpur, Gopalpur, Delhi. Counsel for the

applicant further submits that no doubt, that FIR has

been transferred to Police Station Timarpur, Golapur,

Delhi and the applicant should avail remedy before the

appropriate Court of NCT Delhi, however, since he has

to avail appropriate remedy before the appropriate

Court, he may be granted transit anticipatory bail. In

reference to this, counsel for the applicant placed

reliance on the judgment of the Hon’ble Allahabad High

Court in the case of Amita Garg and Others vs.

State of U.P. and Others, 2022 SCC OnLine All

463.

6.

In a recent judgment th