BAIL APPLN./345/2019 of ANIL KUMAR GOYAL Vs STATE

IN THE HIGH COURT OF DELHI AT NEW DELHI

+BAIL APPLN. 345/2019ANIL KUMAR GOYAL..... PetitionerThrough:Mr Siddharth Agarwal, Mr SamarjitPattnaik, Mr Vikas Gogne, Mr RahulTyagiandMrAbhinavSekhri,Advocates.ANIL KUMAR GOYAL..... PetitionerThrough:Mr Siddharth Agarwal, Mr SamarjitPattnaik, Mr Vikas Gogne, Mr RahulTyagiandMrAbhinavSekhri,Advocates.

versus

STATE..... RespondentThrough:Ms Kusum Dhalla, APP for State.SI Amit Tyagi, PS DBG Road.MsKritiHanda,Advocateforcomplainant.Through:Ms Kusum Dhalla, APP for State.SI Amit Tyagi, PS DBG Road.MsKritiHanda,Advocateforcomplainant.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRUO R R%26.11.2019

1.The petitioner has filed the present petition, inter alia, praying foranticipatory bail in connection with FIR No. 39/2019, under Sections354/354-B/323/506/34 of the IPC registered with PS Deshbandhu GuptaRoad.

2.The said FIR was registered on 01.02.2019 on the basis of complaintmade by one of the women labourers who was working at the site (HouseNo. 67/6A, DCM School Marg, Ratan Nagar, New Rohtak Road, NewDelhi).

3.The petitioner claims that false complaint had been filed at theinstance of the builder who was raising construction at the aforesaid site.The petitioner alleges that the said construction was being raised theillegally and the petitioner had made several complaints in this regard. Astatus report has been filed which indicates that the petitioner had made callson 31.01.2019 at 10:00 a.m., 10:36am and 10:53 a.m. regarding illegalconstruction being raised at the said site.

4.It is stated that thereafter, the complainant had made call at 11:53a.m. The DD entry indicates that she had complained of eve-teasing. Tenminutes later, another call was made by the wife of the petitioner and shehad reported quarrel at the said site. Another call was received by one ofthe employees of the builder at 12:17 p.m. and 12:18 p.m. (DD entries 37Aand 38A), wherein he reported that the owner of the house and labour werequarrelling (jhagra). The petitioner had also made complaint (DD No. 5A)on 31.01.2019 at 02:30 p.m. alleging that certain female labourers workingat the site had made false allegation against him.

5.Admittedly, the petitioner has joined the investigation.

6.The status report also indicates that an additional offence underSection 506 of the IPC has been added as it is alleged that the complainanthas been pressurised to withdraw the case.

7.Given the aforesaid facts, this Court considers it apposite to allow thepresent petition.

8.The petitioner is granted anticipatory bail on his furnishing personal

bond in the sum of ₹20,000/- with one surety of an equivalent amount to the satisfaction of the concerned Investigating Officer. The petitioner shallcooperate with the Investigating Officer and refrain from contacting thecomplainant or trying to influence the complainant or witnesses in anymanner.

9.Order dasti under signatures of the Court Master.

NOVEMBER 26, 2019RK

VIBHU BAKHRU, J