-Report by Tannu
It was held by the Delhi high court in the case of GAGAN KHOKHA V. STATE NCT OF DELHI, that under section 438 of CrPC 1973 anticipatory bail was granted to every person, but only after checking the facts and circumstances of each case.
Facts:
The judgment was made by justice Amit Sharma. This is reserved on 20 January 2023 and pronounced on 3rd February 2023. The FIR was made under section 323/342/376 on 21 .9.2020 by the complainant against the application and his family members. The complainant stated that she lives with her old-aged mother they both are harassed and threatened (physically, and mentally) by the applicant and his family members.
The complainant stated that the applicant forcefully entered in house by breaking the door and windows and she already made a complaint against him in PS Rajinder Nagar. Further alleged that one day applicant entered their house by jumping over a wall and forcing her to do sexual intercourse with him otherwise he threatened to kidnap her.
The complainant further alleged that Devendra Khokha is applicant’s father and (co-accused )of the present case, followed her and passed sexually coloured remarks.
Plaintiff’s contentions:
On 20.09.2020 complainant alleged that applicant followed her to her house and tried to have sexual intercourse with her and when she told him that she already informed the police the applicant ran away after that his family along with him threatened her again on the same day her medical examination was conducted at ram Manohar Lohia hospital, New Delhi. On 23.09.2020 complainant’s statement was recorded under section 164 of CrPC. And chargesheet was filed on 08.02.2022 under sections 354/450/454/506/509/34 of IPC.
Applicant’s contentions:
Learned counsel was present on behalf of the applicant and stated that applicant Gagan Khokha live separately from his parents and his house is very far from the complainant’s residence. It also submitted that the complainant began visiting his home around May 2019 for the care of his mother Smt. Suman khokha , suffering from lympnode asphyxia. It was produced that the complainant had a relationship with his father Devendra Khokha (applicant’s father). They had a relationship for some time and stayed together at various hotels around Delhi and all bills of hotels were attached or various voice recordings and call recordings between them.
As the opposite of this learned counsel appearing on behalf of the complainant and disclosed the allegations against the applicant and stated that the applicant created a false story of the complainant’s affair with his father and also created false evidence (bills, invoices) tampering, fabricating with the documents including Adhar card of the complainant.
The complainant made another complaint on 17.04.2021 against the applicant and his father and FIR was made under section 323/345 registered at PS Rajinder Nagar.
The investigation of the present case is almost complete and the trial is underway. The applicant has already been interrogated and no custodial interrogation is required for him.
Judgement:
After looking at the facts and circumstances of the present case the application for anticipatory bail is allowed to the applicant. Because of arrest with the present case FIR, the applicant is released after filing a personal bond of 50,000 rupees with some terms and conditions:
●The applicant is not to leave India without Court’s permission
●The applicant is not to tamper with evidence
●The application has to give all his mobile numbers to investigating officer
●If the applicant tried to temper with evidence then bail shall be cancelled.
READ FULL JUDGEMENT: https://bit.ly/40F8bpd
CITATION: 2023/DHC/000766