Santosh Giri v. State

SANGITA DHINGRA SEHGAL, J OCTOBER 24, 2017 gr//

* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 256/2017 Order reserved on : 15th September, 2017 Order pronounced on : 24th October, 2017 SANTOSH GIRI .….Petitioner Through: Mr. Aklank Jain, Advocate. Versus STATE …..Respondent Through : Mr. Amit Ahlawat, APP for State with W/SI Ekta from PS Nangloi. Mr. Zakir Husain, Advocate for victim/complainant. CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL 1. By way of the present petition filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.') the petitioner seeks grant of regular bail in FIR No. 787/2014 under Sections 376/323/506/34/354/354A of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO') registered at P.S Nangloi, Delhi. The petitioner is stated to be in judicial custody since 21.03.2016. Status report is on record. 2. It is the case of the complainant that her husband/Santosh Giri/present petitioner, has been harassing her and demanding dowry since the solemnization of their marriage in the year 2003. She alleged that her husband alongwith his sister /Indu Bharati, brother in-law/Nand Lal Bharati and two elder brothers/ Rajesh Giri and Vijay Giri used to give beatings to her and also forced her to sleep with his brothers by threatening her that he would kill her and her other family members. Complainant further alleged that her husband's elder brothers (as named above) committed rape upon her in the very presence of his sister/Indu Bharati and brother in-law/Nand Lal Bharati. She stated that on 07.06.2014 her husband gave beatings to her and their children and turned them out of the house whereafter on the same day he fled with his children. The complainant returned to her husband's house on 21st September 2014 as her husband agreed that she could meet her children and the very next day he again gave beatings to the complainant and their children. It is further alleged that the complainant when enquired from her children found that her children were kept away in Banaras for two months where other family members of her husband ill treated her children. Her children were also kept by one Tejinder Singh @ Lucky who tried to do wrong act with her daughter. Thereafter she brought her children back on 23rd September 2014. Therefore on the basis of the said complaint, FIR was registered under Sections 376/323/506/34/354/354A of IPC and Section 6 of POCSO Act. 3. The previous application for grant of regular bail filed by the petitioner before the Additional Sessions Judge, was dismissed vide order dated 21.11.2016, on consideration of the facts and nature of allegations leveled against the petitioner and gravity of alleged offence committed by him. Hence, the present bail application. 4. Mr. Aklank Jain, learned counsel for the petitioner contended that the present complaint has been lodged by the complainant to exercise pressure upon the petitioner; that the complainant had fraudulently married one Parampreet Singh Virdi on 26.11.2013 on the basis of forged and fabricated documents under the assumed name of Manpreet without seeking divorce from the petitioner; that the petitioner had lodged a complaint on 07.06.2014 against the complainant when she eloped with Parampreet Singh Virdi leaving her children at her parent's house; that after knowing the factum of her second marriage the petitioner lodged another complaint on 10.06.2014 which was registered vide DD No. 5B and instituted case of cheating, forgery and bigamy against the complainant which is pending adjudication at Tis Hazari Court; that the complainant fled away with the children on 23.09.2014 whereafter the petitioner again lodged a complaint following which a detailed complaint was lodged on 24.10.2014 against the complainant; that the other co-accused have been granted anticipatory bail by the Trial Court vide orders dated 02.06.2016 an