(VIA VIDEO-CONFERENCING)

BAIL APPLN. Nos. 1221/2021 and 1216/2021

Page 1 of 11

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on

:

30.07.2021

%

Pronounced on :

16.08.2021

+

BAIL APPLN. 1221/2021

NIRMALA DEVI

..... Petitioner

Through:

Mr. Sulaiman Khan, Advocate.

versus

THE STATE (N.C.T.) OF DELHI

..... Respondent

Through:

Ms. Rajni Gupta, APP for the State

with SI Vikas PS Hari Nagar.

Mr. Sumit Gaba, Advocate for the

complainant.

+

BAIL APPLN. 1216/2021

ANIL

..... Petitioner

Through:

Mr. Sulaiman Khan, Advocate.

versus

STATE N.C.T OF DELHI

..... Respondent

Through:

Ms. Rajni Gupta, APP for the State

with SI Vikas PS Hari Nagar.

Mr. Sumit Gaba, Advocate for the

complainant.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

2021:DHC:2486

(VIA VIDEO-CONFERENCING)

BAIL APPLN. Nos. 1221/2021 and 1216/2021

Page 2 of 11

ORDER

RAJNISH BHATNAGAR, J.

1.

By way of this common order, I shall dispose of the petitions filed by

the petitioners under Section 438 Cr.P.C. read with Section 482 Cr.P.C.

seeking

anticipatory

bail

in

FIR

No.

70/2021

under

Sections

376/354/323/506/34 IPC registered at Police Station Hari Nagar.

2.

In brief, the facts as per the case of the prosecution are that on

26.02.2021, two PCR calls were received at PS Hari Nagar vide DD

Nos.30A & 36A regarding quarrel at WZ-47, Tihar Village, and the same

were marked to ASI Niranjan. ASI Niranjan along with HC Jitender No.

1838/W reached at WZ-249, G-47, Tihar Village, Delhi. There it came to

know that injured had already been shifted to DDU Hospital by PCR van.

ASI reached DDU hospital. There injured prosecutix 'R' was found admitted

vide MLC No. 80/21. Doctor mentioned A/H/O physical assault and sexual

assault in MLC. The injured was shifted to Safderjung hospital. In

Safderjung hospital statement of prosecutix 'R' was recorded in the presence

of her father Nemi Chand. She stated that she runs a shop of small articles at

WZ 249, G-47, Tihar Village, Delhi. On 20.11.2020, her husband expired

due to illness. Her husband was owner of the house in which she is residing.

Her mother in law and brother in law used to say that now she has nothing in

the house and asked her to leave the house with her child, aged about seven

years. It is alleged that a court case is pending between them regarding the

2021:DHC:2486

(VIA VIDEO-CONFERENCING)

BAIL APPLN. Nos. 1221/2021 and 1216/2021

Page 3 of 11

house and the Court has granted stay. It is alleged that after returning to

home, her mother-in-law Nirmala Devi, brother-in-law - Anil @ Shanti and

another brother-in-law - Mukesh@ Bunty told her that there was no need to

be more happy and threatened to kill her. It is alleged that on 25.02.2021, at

about 10.30 AM, while prosecutrix was going downward from 3rd floor, in

the middle of stairs, Mukesh @ Bunty met her and asked her whether she

was going to open the shop and threatened to kill her. It is alleged that when

the prosecutrix was cleaning the shop, her mother-in-law came inside and

started throwing articles of her shop and told her to get out with her son.

Thereafter, arguments started between them and her mother-in-law started

beating her. It is alleged that in the meanwhile, her brother-in-law Anil @

Shanty came inside the shop and hit his hand on her breast and pressed her

breast 2-3 times. It is alleged that he hit her with some pointed object and

her mother in law was asking to kill her. Her mother-in-law and brother-in-

laws kept beating her. Thereafter, her brother-in-law Anil fled from the spot

on the direction of her mother-in-law and she told the prosecutrix that she is

70 years old and nothing could happen to her. Thereafter, the prosecutrix

called police and she was shifted to DDU Hospital.

3.

On the statement of prosecutix 'R', FIR No. 70/21, dated. 26.02.2021,

under Sections 354/323/506/34 IPC was registered at PS Hari Nagar. During

investigation, on 02.03.2021 statement under Section 164 Cr.P.C. of the

prosectrix was recorded by learned Metropolitan Mag