Bail.Appl.No.1961/2022 Page 1 of 6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 21.07.2022

Date of decision: 28.07.2022

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BAIL APPLN. 1961/2022

SALMA TYAGI

..... Applicant

Through:

Mr. Pardeep Teotia, Mr. Harmeet

Singh Gulati, Mr. Abhinav Gour &

Mr. Naman Shankar, Advocates.

Versus

STATE

..... Respondent

Through:

Mr. Shoaib Haider, APP for State with

SI Avaneesh Kumar, SI Bharti.

Ms. Ruchika Sharma, Advocate for

complainant.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J

1.

The applicant- Salma Tyagi, vide the present application seeks

the grant of anticipatory bail in relation to FIR No.288/2022, PS

Jagatpuri under Sections 376/506 of the Indian Penal Code, 1860 and

Section 6 of the POCSO Act, 2012 submitting to the effect that the

applicant has clean antecedents; is aged around 46 years; that she has

deep roots in the society; that she comes from a respectable family;

that she runs an NGO in the name of Nari Shakti; that she has political

ambitions and that she has been falsely implicated in the instant case

by the complainant- Jinnat W/o Md. Tanveer who has made false

allegations against her, her daughter-Rida Khan and her son- Zeeshan

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002835

Bail.Appl.No.1961/2022 Page 2 of 6

and Md. Sufi Islam, husband of the applicant herein. (Rida Khan i.e.

the daughter of the applicant herein has already been granted

anticipatory bail vide order dated 18.05.2022 by the Court of the

learned ASJ-01 & Spl. Judge (POCSO)/ Shahdara/Delhi.)

2.

The applicant submits that the role attributed to her is lesser

than that ascribed to the co-accused named Rida Naaz Khan who has

already been enlarged on bail and on the grounds of parity, she, the

applicant is also entitled to the grant of anticipatory bail. Inter alia,

the applicant submits that the complaint is devoid of truth and is an

abuse of the process of law with the complainant having made false

allegations to implicate the entire family of the applicant to kill her

political aspirations and to extract money from her. The applicant

further submits that she is ready to join the investigation/ inquiry and

her arrest would decimate her future socially and politically.

3.

Inter alia, the applicant submits that there is no recovery to be

effected from her nor at her instance; that her custodial interrogation is

not required and no useful purpose would be served by any custodial

interrogation or by sending her to judicial custody.

4.

Notice of the application was issued to the applicant and the

State and the complainant have opposed the same.

5.

The State through its status report dated 07.07.2022 submitted

under the signatures of the SHO, PS Jagatpuri submitting to the effect

that the FIR was registered on the complaint of the victim’s mother in

which she alleged that a boy named Zeeshan raped her minor daughter

and that when she got pregnant, the prosecutrix was forced by Zeeshan

and his family members including his mother i.e. the applicant herein,

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002835

Bail.Appl.No.1961/2022 Page 3 of 6

father and sister (Rida Naaz Khan, already on anticipatory bail) to

abort the pregnancy and for terminating the pregnancy, the

accused/applicant- Zeeshan, his sister i.e. the co-accused Rida and his

mother i.e. the applicant herein gave her abortion pills and after

consuming the pills, the victim had some complications and thus,

Zeeshan and his sister Rida along with her brother’s friend- Kundan

took her to the Stree Clinic, KKD Institutional area and there the

victim's dilation and cure