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IN THE HIGH COURT OF DELHI AT NEW DELHI
*
+ BAIL APPLN. 2114/2024
SHRI KULDEEP DESWAL ..... Petitioner
Through Mr. Raj Kumar & Ms. Hemlata
Rawat, Advs.
versus
STATE OF NCT OF DELHI ..... Respondent
Through Mr. Nawal Kishore Jha, APP for the
State along with SI Ritu, PS
Kalyanpuri with SI Mayank.
Mr. Chiraayu Trehan & Mr. S.S.
Rajove, Advs. for complainant.
CORAM:
HON’BLE MR. JUSTICE DHARMESH SHARMA
O R D E R
% 28.06.2024
CRL.M.A. 18342/2024 EXMP.
–
1. Allowed, subject to all just exceptions.
2. The application shall stand disposed of.
BAIL APPLN. 2114/2024
3. The applicant/accused has sought grant of anticipatory bail in
terms of Section 438 of the Cr.P.C.
4. Mr. Nawal Kishore, learned APP for the State along with IO SI
Ritu Yadav from PS Kalyanpuri, is present on advance notice.
5. The prosecutrix is also present along with her counsel namely
Mr. Chiraayu Trehan and S.S. Rajove. The Status Report is filed on
behalf of the IO. The same is taken on the record.
6. The present FIR under Section 376 and 506 of the IPC has been
registered at the instance of the complainant/prosecutrix on
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08.05.2024, wherein she has alleged that the accused had been not
only sexually exploiting her but also extorted money and jewellery
from her on various occasions.
7. In terms of the Status Report, dated 05.06.2024 filed by SI
Ritu, PS Kalyanpuri, which is already on the record, it is inter alia
brought out that during the investigation, the CDR of the mobile
numbers of the accused, as supplied by the victim, was examined and
it was found that on the dates on which the alleged sexual assault had
taken place, the accused was not in Delhi. Moreover, on further
verification it was found that he has been working as an Engineer in
st
Reliance Industries Limited, G-467 Reliance market 1 floor Sikar
road VKIA, Jaipur, from 07.06.2023 to 15.03.2024.
8. It has further been verified that during the said period, and
particularly on the alleged date of the sexual assault i.e. 04.07.2023,
20.11.2023 and 02.12.2023, he was working in the said office. The
prosecutrix on being asked submits that she has supplied all the
relevant mobile numbers to the IO.
9. Learned counsel for the prosecutrix has urged that even as per
the investigation, there are instances when the accused was present in
Delhi on certain occasions.
10. Learned counsel for the petitioner points out that both the
parties are resident of places near Neem Ka Thana, District Sikar,
Rajasthan, and surprisingly, the present FIR has been lodged in Delhi.
During the course of arguments, it is also brought out that the father-
in-law of the prosecutrix is a serving Police Official in Delhi.
11. Be that as it may, in view of the previous Status Report dated
05.06.2024, as well as the Status Report filed today that reiterates the
earlier findings, there are prima facie grounds to grant the relief
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claimed by the petitioner.
12. However, at this stage, Mr. Nawal Kishore Jha, learned APP for
the State submits that the mobile phone of the accused is yet to be
recovered, so as to examine if there are any objectional videos or
photographs of the complainant/prosecutrix. He further submits that
recovery of some gold jewellery is also to be effected from the
accused as alleged by the complaint prosecutrix.
13. In view of the above, the present application is allowed and it is
ordered that in the event of arrest, the applicant/accused be released on
bail on his furnishing personal bond in a sum of Rs.25,000/- with one
surety of the like amount to the satisfaction of the IO/Arresting Officer
However, the applicant/accused shall join the investigation, as and
when directed by the IO, and he shall forthwith surrender to the IO,
the mobile sets for the three numbers that were allegedly being used
by him during the relevant time.
14. The application stands disposed of accordingly.
DHARMESH SHARMA, J.
(VACATION JUDGE)
JUNE 28, 2024 /sa
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 30/07/2024 at 11:59:29