Balbinder Singh v. The State Govt. Of NCT Delhi

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4664/2024 BALBINDER SINGH .....Petitioner Through:

Mr Abhishek Kumar, Advocate (through VC)

Versus

THE STATE GOVT. OF NCT DELHI .....Respondent Through:

Mr. Yudhvir Singh Chauhan, APP for the State with SI Parmod Kr. (IO) and SI Balvindra Singh, P.S. Bawana

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 16.05.2025 1.

Bail Application under Section 482 of the BNSS has been filed on behalf of the Petitioner Sh. Balbinder Singh seeking Anticipatory Bail in FIR No.

0652/2024 at P.S.

Bawana under Sections 137(2)/87/318(2)/336(2)/340(2) of the BNS.

2.

It is submitted that the Petitioner and the Victim are known to eachother. In the first week of October, the Victim had called the Applicant and threatened him to marry her or she would implicate him in the false case of rape. On her request, the Applicant initially refused for marriage and told her that he would do so after her attaining the age of majority. Then, the Victim again called the Applicant on phone and said that actually she has attained the age of majority and possesses the Birth Certificate from the concerned Government Department. She even pressurized the Applicant to get married to her. Left with no alternative, the marriage was solemnized on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

14.10.2024 at Arya Samaj Mandir.

3.

Thereafter, they filed a petition in High Court of Rajasthan seeking Protection, which was granted vide order dated 17.10.2024. 4.

Thereafter, the Respondent No. 2/Complainant returned back to her house in Delhi and outrightly denied the marriage. The Applicant came to know about the registration of FIR and consequently, has moved the present Bail Application seeking Anticipatory Bail.

5.

The Status Report has been submitted by the State wherein it is submitted that on the statement of the father of the Prosecutrix that his daughter has gone missing since 04.10.2024, the FIR was registered. On 29.10.2024, the Prosecutrix herself came to the Police Station and disclosed about her having gone with the Petitioner and also about having been married to him. The Certificates and Documents were produced. 6.

On investigation, it was found that the Birth Certificate of the Prosecutrix was forged and her date of birth has been wrongly reflected as 10.02.2006 instead of 10.02.2008.

7.

It is further submitted that three times Anticipatory Bail Application has been filed before the learned ASJ, Rohini Court. Two times, the Application was dismissed as withdrawn and the third time, interim protection was given to the Applicant to join the investigations and no coercive steps be taken. He joined the investigations on 11.11.2024 but he failed to support the investigations. Consequently, the Bail Application was dismissed on 03.12.2024.

8.

It is further submitted that during the course of investigation, the Applicant has joined the investigations on 13.01.2025. As per the interrogation report, he had brought the forged Birth Certificate of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Prosecutrix on the basis of which they got married at Arya Samaj Mandir, Madleygate, Jodhpur, Rajasthan.

9.

The Prosecutrix is present in person, who has re-affirmed that she had left voluntarily and had got married to the Applicant and got the Police protection from the High Court of Rajasthan. However, now she wants to do the bidding of her parents.

10.

Statement of the Prosecutrix under Section 164 Cr.P.C. wherein also, she reiterated that she had got married voluntarily with the Applicant. 11.

Submissions heard and record perused.

12.

The Prosecutrix in her statement under Section 164 Cr.P.C. stated that she had voluntarily accompanied the Applicant and that forced him to marriage with her. Considering the circumstances, the Applicant is granted bail. In case of arrest, the Petitioner shall be admitted to Anticipatory Bail by the Investigating Officer/Arresting Officer, subject to the following conditions:- (i) The Petitioner shall furnish a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the Investigating Officer/Arresting Officer.

(ii) The Petitioner shall join the investigations, as and when called by the Investigating Officer.

(iii) The Petitioner shall furnish his cellphone number to the Investigating Officer on which he may be contacted at any time and shall ensure that the number is kept active and switched-on at all times.

(iv) The Petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

other persons acquainted with the facts of case. (v) The Petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial.

13.

The Bail Application stands disposed of in the above terms. 14.

Copy of the Order be sent to the learned Trial Court for compliance. NEENA BANSAL KRISHNA, J MAY 16, 2025 N The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.