BAIL APPLN./1858/2017 of GULSHAN BHALLA Vs STATE OF NCT OF DELHI
Parties
- BAIL APPLN./1858/2017 of GULSHAN BHALLA (PETITIONER)
- STATE OF NCT OF DELHI (RESPONDENT)
Statutes cited (1)
Full text
solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus
Signature Not Verified
Signing Date:07.10.2024 17:02:15Certify that the digital and physical file havebeen compared and the digital data is as perthe physical file and no page is missing.
complainant. Learned counsel for the petitioners submits that in the initialcomplaint given to the Crime against Women Cell, pursuant whereof FIRNo. 248/2017under Sections 498-A/406/34IPC was registeredat PoliceStation Mukherjee Nagar, no allegations of unnatural sex were made againstRahul Bhalla (husband) and of molestation against Gulshan Bhalla (father-in-law).FIR was lodged by the complainant against the petitioners afterthree years of marriageon the allegationsthat she was harassedandmaltreated by the petitioners in order to compel her to bring dowry. Generalallegationswere levelled.In the statementunderSection164 Cr.P.C.recorded subsequently after about three months, allegations of unnatural sexwere levelled for the first time in order to put pressure. Improvements werealso made in the statement under Section 164 Cr.P.C. regarding, allegedmolestation. Petitioners has participated in the investigation.
Learned APP and learned counsel for the complainant have opposedthe grant of anticipatory bail to the petitioners.Learned counsel for thecomplainant submits that petitioner Rahul Bhalla is impotent. She ftirthersubmits that he committed unnatural sex with the complainant. She saysthat dowry articles have not been returned.
Learned APP submits that specific allegations of unnatural sex have
been levelled against the petitioner Rahul Bhalla and of molestation againstthe petitioner Gulshan Bhalla by the complainant in her statement underSection 164 Cr.P.C. On 22"^ September,2016, complainanthad given twocomplaints and in one of the complaints she had stated that her father-in-lawhad caught hold of her hand under the influence of liquor.
Keeping in mind the totality of facts and circumstances of this case, itis ordered that in case of an-est, petitioners be released on bail subject totheir furnishing personal bond in the sum of ?25,000/-(Rupees TwentyFive Thousand Only) each with one surety each of the like amount to thesatisfaction of the Investigating Officer/Arresting Officer/SHO concerned.Bail applications are disposed of in the above terms.
Dasti.
FEBRUARY 13, 2018r. bararia
A.K. PMHAK, J.