Ashish Sharma v. State of Delhi

ORDER %

15.11.2016

¶1By Bail ApplicationNo.1884/2015Laxmi Gupta,DevendraGupta& Naresh Gupta and by Bail ApplicationNo. 2627/2015Ashish Sharmaseek BAILAPPLNs.1884/2015&2627/2015 anticipatorybail in case FIR No.329/2015under Sections376-D IPG and Section 6of Protectionof Children from Sexual Offence Act (in short POCSOAct).

¶2Learnedcounselfor the petitionerstatesthat by lodgingafalse case the petitioners have been implicated in the above-noted FIR. The complainantis habitualof lodgingfalse complaintsagainstvariouspersons allegingsexual harassmentand demandingmoney. For the incidentdated March, 2015 a complaint was lodged by the prosecutrix at PS Prasad Nagar, however there was no allegation of rape in the said complaint. Thus the allegation of rape are clearly an after-thought. Further the prosecutrix is related to,the petitioners and the two families have strained relationships.

¶3The prosecutrix has also filed applications being Crl.M.A. Nos. 16985/2016 and 16986/2016 seeldng withdrawal of the interim protection in view of the subsequent conduct of the petitioners whereby a FIR has been lodged on the complaint of the prosecutrix since she was assaulted by the petitioners.

¶4The facts leading to the registration of the above^notedFIR are that a PGR call was receivedon 4*'' March, 2015 at 10.20 PM at PS Vijay Vihar alleging an incident of rape with a mirior girl. The prosecutrix was taken to the hospital wherein she was examined arid gave history of sexual assault. The hymen was found to be not intact. Statementof the prosecutrixwas recorded in which she allegedthat she was raped by her cousin Ashish for the last two and a halfmonths. On 2"'' March,2015 she was forciblyraped by Vicky i.e. DeveriderGuptaat her aunt Laxmi's house in the presenceof her cousin Ashish, her aunt Laxmi and Naresh Gupta and a video of the BAILAPPLNs. 1884/2015 2627/2015 incidentwas prepared.

¶5Statementofthe prosecutrixwas recordedunderSection164 Cr.P.C. on 5'^March,2015 where she reiteratedher version. The date of birth of the prosecutrixmentioned in the school record was revealed to be 25"^ October, 1998. Thus at the time ofthe allegedincidentshe was aminor. The prosecutrixhad alsogivenacomplainton 1®'March,2015 at PS Prasad Nagar. The investigatingofficerofP,S PrasadNagar.found that on 2"^ and 3^" March, 2015 aquarreltook place betweenSmt Usha Gupta,her cousin Sanjay Gupta ^d victim on one side and Smt. Laxmi Gupta, her family members and sons of Smt. Usha Gupta namely Sagar and Ashish on the otherside on which finallyaKalandrawas preparedunder Section107/150 Cr.P.C. In the KalandraLaxmi Guptastatedthather sisterUsha Guptadid not keep her childrenAshish and Sagar with her due to which they were livingwith Laxmi Gupta. It is furtherallegedthat Usha Gupta along with her cousinSanjayGuptaand Kis daughter,the prosecutrixcameto her house and pressurisedher to take away her childrenwithher but the childrenwere notwillingto accompanyhermother.

¶6During the course ofinvestigationtelephoneswere seized and have been sent to CFSL, Hyderabadfor analysisand opinion. From the vaginal swab ofthe prosecutrixthe DNA generateddid not relateto accusedAshish or Devender @ Vicky. Xhus though there niay be prima facie some substancein the contentionsofthe petitioner,howeverit is furtherrevealed that on 22 August, 2016 FIR No.522/2016has been registered at PS ; PunjabiBagh under Sections308/341/506/34IPC on the complaintof the ' prosecutrixwhereinshe statedthat on 22"'' August,2016 at about 6.15 PM BAILAPPLNs.1884/2015&2627/2015 page 3 of4 Ashish and I^aresh Gupta came to her house and abused her where after Ashish attacked her with a hammer and both Ashish and Naresh,Qupta startedabusingher. MLC ofthe prosecutrixwas preparedwhich revealed contusedlaceratedwound on the p^ietooccipitalregionofthe prosecutrix. Furtherinter-sethe partiesthereare numberofcasesregistered.

¶7Consideringthe facts and circumstancesofthe case and particularly the subsequentconductof the petitioners! do not find it to be a fit case,for grantof the anticipatorybailto thepetitioners.

¶8Petitionsand applicationsare accordinglydismissed.

MUKTA GUPTA, J. NOVEMBER 15,2016 'ga' BAILAPPLNs. 1884/2015& 2627/2015 page 4 pf4

\^v L * IN THE HIGH COURT OF DELHI AT NEW DELHI + bail APPLN. 1884/2015&Crl.M.A. 16985/2016 LAXMI GUPTA & ORS Petitioner Representedby: Mr. SachinDev Sharma,Adv. : versus STATE OF DELHI Respondent Representedby: Ms. RajniGupta,APP. Mr. Javed Khan, Adv. for complainant. + BAIL APPLN. 2627/2015 &Crl.M.A. 16986/2015 ASHISHSHARMA ..... Petitioner Representedby: Mr. SachinDev Sharma,Adv. versus STATE OF DELHI / ..... Respondent Representedby: Ms.RajniGupta,APP. Mr. Javed Khan, Adv. for complainant. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA