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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 1555/2022, CRL.M.A.9890/2022

NAVEEN BHADANA

..... Petitioner

Through:

None.

versus

THE STATE ( NCT OF DELHI)

..... Respondent

Through:

Mr. Amit Ahlawat, Addl. PP

for State with Mr. Gagan

Kumar, Adv.

CORAM:

HON'BLE MS. JUSTICE POONAM A. BAMBA

POONAM A. BAMBA, J.:

1.0

The present application has been filed u/s 438 of the Code of

Criminal Procedure, 1973 (Cr.PC) on behalf of the accused/applicant

for grant of anticipatory bail in FIR No. 0170/2022 dated 08.04.2022

registered under u/Ss 186/332/353/354/354D/509/34 IPC, PS Timarpur,

Delhi.

2.0

It is submitted that the applicant been falsely implicated by the

complainant/prosecutrix in collusion with the police officials. It is stated

that actually, the complainant along with her family members is living in

their vicinity on rent. The applicant’s brother Praveen used to

accompany complainant’s landlord (who is close to the applicant’s

family), to the rented premises, which was not liked by the complainant

and her family members. To avenge and put pressure on the applicant

and his family members, the complainant leveled false allegations

against him.The applicant as well his brother and mother were at home

at the given time, which can be verified from the CCTV footage.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002725

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2.1

The applicant has also submitted that he is working as a driver and

is the sole bread earner of his family consisting of his wife and two

minor children aged about 12 years and 07 years, respectively. He is

presently unemployed after COVID-19 and his family is at the verge of

starvation.

2.2

It is further submitted that the applicant belongs to a respectable

family and has deep roots in society and there is no possibility of his

absconding.

2.3

It is also submitted that in his absence, some police officials

visited his residence and therefore, he apprehends arrest. He is ready to

join investigation as and when required. No purpose will be served by

keeping him behind the bars.

2.4

It is also submitted that the applicant’s mother has already been

granted anticipatory bail vide order dated 05.05.2022 by Ld. PO MACT-

02 (Central), Tis Hazari Courts, Delhi.

3.0

This application is strongly opposed by Ld. Addl. PP. It is

submitted that there are serious allegations against the applicant not only

of assaulting, outraging modesty of the prosecutrix, but also of

assaulting police officials on duty. Investigation is still at initial stage

and therefore, this application is liable to be dismissed.

3.1

As per the status report, a PCR call was received vide DD No.

95A, PS Timar Pur, regarding molestation of a lady. On which, Ct.

Manish along with Ct. Amit reached the spot, where victim along with

her father Sh. Manoj Dutta were present and informed the police officers

that the applicant/accused Naveen and his brother Praveen abused her

and her father; and accused persons pulled her hand and touched at his

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002725

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private part.

3.2

It further mentions that when Ct. Manish and Ct. Amit made

enquiry from the accused persons, they were assaulted by both the

accused persons. Thereafter, the accused persons’ mother Smt. Krishana

Devi reached the spot and pushed Ct. Amit and hit him with a brick on

his right hand. Not only this, they took Ct. Manish and Ct. Amit inside

their house and kept them confined. Ct. Amit was medically examined at

Aruna Asaf Ali Hospital and was treated for the simple injuries suffered

by him. His MLC was prepared.

3.3

Ld. Addl. Prosecutor submitted that the complainant/prosecutrix

in her statement u/S. 164 Cr.PC has supported the prosecution case. She

has also stated that she is being pressurized by the family members of

the accused persons to take her case back. Ev