Dharambir Singh Dalal v. The State (Govt. Of NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 27.09.2019 + BAIL APPLN. 1827/2019 DHARAMBIR SINGH DALAL Petitioner Through Mr. Kundan Kumar, with Mr.

Arun Singh Saroha, Adv.

versus ■f THE STATE (GOVT. OF NOT OF DELHI) Respondent Through Mr. Kewal Singh Ahuja, APP for the State.

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI ■HIDGMENT BRIJESH SETHI, i{Orat) 1.

Vide this order I shall dispose of an anticipatory bail application filed by the Petitioner, Dharambir Singh Dalai on the ground that he is innocent and falsely implicated. He is a government servant. The FIR in the present case has been lodged after a delay of three and half months after the alleged incident. In fact the Prosecutrix had tried to enter the house on 29.04.2019. She was however denied access by her ■ husband and she has, therefore, filed the complaint out of frustration and there is no truth in the same.

u 2.

Ld. APP for the state has opposed the bail application on the ground that allegations against the applicant are very serious in nature. There are allegations of rape against the applicant. 3.

I have considered the rival submissions.

4.

Complainant Neelam in her complaint has mentioned the name of applicant Dharambir Singh Dalai who is father of her husband. She has submitted that since, she was unable to conceive, her family life was disturbed. She has alleged that she was persuaded by her husband and mother in law to sleep in the room of present applicant i.e. father in law in the intervening night of 6/7.03.2019. Mother in law of the complainant had given her four black colour tablets and some powder to take with milk. She had become unconscious and at about 04/05 AM, when she woke up, she felt that something has been committed with her private part and when she disclosed these facts to her mother in law, she claimed that she has made her sleep with her father m law, so that she might conceive. It is further alleged that on 08.03.2019, early morning, the father in law of the complainant had entered her room and put one hand upon the mouth of the complainant and united the string (Nara) of lower (Salwar) of the complainant and had put his

hand in the private part. In the" mean'while, the husband of the complainant had woken up and after seeing these things he had gone out of the room. It is further alleged that husband of the complainant had locked her inside the room though she had kept requesting her in laws to open the lock, but none had helped her. 5.

In view of the above facts, serious nature of the offence and ^ kind of allegations levelled against the applicant which are very grave in nature, no grounds for grant of anticipatory bail are made out. The anticipatory bail application of the petitioner is, therefore, dismissed. 6.

The petition stands disposed of, accordingly. BRIJESH SETHI, J SEPTEMBER 27, 2019 Y.