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Tuesday, 14 December 2021

Whether court can refuse to release husband on anticipatory bail in an offence U/S 498A of IPC if stridhan is to be recovered from him?

 The Petitioner is accused of offence under Sections 498-A, 406

IPC. The perusal of the status report shows that the custodial

interrogation of the Petitioner is being sought only for recovery of Istridhan. The recovery of Istridhan alone cannot be a reason to deny anticipatory bail to the Petitioner. The police are vested with sufficient powers under the Cr.P.C to conduct searches of premises. Further, the material on record shows that there are cross-complaints. The petitioner had filed a complaint in 2018 stating that the complainant’s father is threatening him. There is nothing on record to show that the Petitioner and his family are in such a position that they would be able to threaten the witnesses. It is trite law that the Police Officer before arresting the accused who is accused of offence which is punishable with

imprisonment for a period of seven years has to be satisfied that such arrest is necessary to prevent a person from committing any further offence; or for proper investigation of the case; or to prevent the accused from causing the evidence of the offence to disappear; or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him by disclosing such facts to the Courts or the Police Officer; or unless such accused person is arrested, his presence in the court whenever required

cannot be ensured. As Stated earlier, the mere fact that the recovery of Istridhan cannot be the sole ground for arresting a person for an offence under Sections 498-A and 406 IPC. {Para 9}

 IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE MATTER OF: BAIL APPLN. 2029/2018

POORAN SINGH  Vs STATE OF DELHI 

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

Dated: 10th DECEMBER, 2021

1. This application under Section 438 Cr.P.C. has been filed for grant

of bail to the petitioner in the event of arrest in FIR No. 56/2018 dated

11.02.2018, registered at PS Model Town for offences under Sections

498-A, 406 and 34 of IPC.

2. The relevant portion of the impugned order vide application no –

1680/2018 in FIR no – 56/2018 passed by the Additional Special Judge,

Rohini, as extracted from the impugned order dated 04.08.2018 is as

follows:

“….. Since, the custodial interrogation of the applicant is

required to recover the dowry articles and Istridhan and the

complainant is receiving the threat constantly on whatsapp from

the applicant. I find no ground to admit the accused on bail, at


this stage…..”

Aggrieved by this impugned order, the petitioner herein has filed the

present bail application.

3. The factual matrix which has transpired in this case is as under –:

a) A complaint was filed by Anjali Sogarwal on 13.04.2017 to the

SHO, PS Model Town, The DCP, Model Town and the Deputy

Commissioner of Police, EOW office stating that her husband

Pooran Singh who is the petitioner herein, her mother-in-law

Ratna Devi and both her sisters-in-law Kamlesh and Lata had

insulted, beaten, pressurized, harassed and tortured the

complainant for more dowry and threatened that if the complainant

wanted a peaceful life, her father must further arrange a dowry

amount of Rs. 50 Lacs.

b) It was also stated that the petitioner herein illegally procured the

complainant’s SIM card from the service provider and uploaded

pictures of his wife i.e. the complainant on social media websites

and it is also stated that the petitioner sent abusive/insulting

messages from the complainant’s social media accounts to the

friends of the complainant with malafide intentions. Based on the

said complaint, FIR No. – 56/2018, dated 11.02.2018 was

registered at PS Model Town, North West Delhi for offences

under Sections 498-A, 406 and 34 of IPC.

c) It is stated that on 16.02.2017, the complainant’s father transferred

Rs. 90 thousand into the accused’s account and Rs. 1.5 Lacs into

the complainant’s account which was further transferred into her

husband’s account.


d) It is further stated that on 21.01.2017, the petitioner herein invited

three female friends of the complainant, one male friend, both the

complainant’s brothers and one relative of the accused, namely,

Ravi. It is stated that the petitioner herein mixed alcohol and

served it to all her friends and took inappropriate photos and

threatened them that he would upload it on the internet.

e) It is also stated that the petitioner herein has taken the Istridhan of

the complainant and forcibly given it to his mother. It is stated that

on 09.03.2017, the petitioner herein fought with the complainant

and threw her out of the house and that the passport, ID and

clothes of the complainant is with her husband who is the

petitioner herein. It is also stated that the petitioner herein used all

these documents to procure the SIM card from the service provider

and logged into the complainant’s social media accounts by using

the mobile number.

f) It is also stated that the petitioner herein forced the complainant to

bring money from her parents and the complainant had to go

through physical, mental and emotional torture.

g) It is also stated that the petitioner herein forcibly committed

explicit and unnatural relationship and also showed inappropriate

pictures to her.

h) It is also stated that on 25.03.2017, the petitioner herein was

harassing the complainant after which the complainant called the

Women helpline number 1091.

4. A Complaint was filed by the petitioner herein dated 20.03.2018 to

the Commissioner of Police, I.P. Estate, ITO, New Delhi against the

BAIL APPLN. 2029/2018 Page 4 of 8

complainant i.e. Anjali Sogarwal, the complainant’s father i.e. Ramphal

Singh, the complainant’s mother i.e. Sarngi, complainant’s brothers Amit

Sogarwal and Mohit Sogarwal. It was stated in the complaint that Anjali

Sogarwal (wife of petitioner) was not happy with her marriage and used

to abuse her husband who is the petitioner. It is stated in the complaint

that the petitioner was threatened by the complainant’s father stating that

he works as an officer in Delhi Police Department and the accused

should obey the complainant’s wishes, otherwise he would face dire

consequences. It is also stated that on 10.03.2017, the wife of the

petitioner left the house without giving any reason. It is also stated that

the complainant lodged a written complaint at the CAW Cell, New Delhi

against the petitioner herein under Section 12 of the Domestic Violence

Act, 2005, which is pending before Rohini, District Court, Delhi and also

filed the present FIR no – 56/2018.

5. Status report was filed which stated that on 10.06.2017, the

complainant received a text message from the petitioner admitting that he

was lying throughout. He also admitted that all the jewellery, passport

and other personal belongings of the complainant are with the petitioner

and that the petitioner hacked the Facebook account of the complainant

by using her SIM which was illegally procured. Further, he exerted

pressure on the complainant’s friends to extract more information on the

complainant. On 30.08.2018, the petitioner herein moved an anticipatory

bail application before this Hon’ble Court and this Court granted interim

protection to the petitioner herein, subject to him joining the

investigation. The petitioner herein joined the investigation, but did not

cooperate during the investigations.


6. Mr. S. V. Rateria, Learned counsel for the Petitioner, states that

the wedding of the petitioner and the complainant took place on

08.12.2016 and the complainant left her matrimonial house on

10.03.2017 without any rhyme or reason, and since then she has been

residing at her parental house. The learned counsel submitted that the

father of the complainant is Assistant Sub Inspector in Delhi Police and

that he is threatening the petitioner herein and his family with dire

consequences. He also submitted that the petitioner herein has joined the

proceedings before the CAW Cell and the investigation before the

concerned Investigating Officer. The learned counsel for petitioner also

stated that the FIR no – 56/2018 does not contain any specific allegations

regarding the entrustment of Istridhan against the accused. The Learned

Counsel for the Petitioner relied on the case of Neera Singh v. State,

CRLMC-7262/2006 regarding the justification of marriage expenses,

observing that the complainant needs to provide necessary documents to

make a prima facie case in her favour. The Learned Counsel for the

Petitioner prayed to enlarge the Petitioner on bail in case of his arrest in

FIR no – 56/2018

7. Per contra, Mr. Amit Chadha, Learned APP for the State, and Ms.

Mallika Parmar, Learned Advocate for the complainant, vehemently

opposed the Bail Application by submitting that custodial interrogation

of the Petitioner is required to recover the dowry/Istridhan articles and

the recovery of the mobile phone which was used for sending messages

to the complainant and from which the complainants Facebook account’s

hacking was done.

8. Heard Mr. S. V. Rateria, Learned counsel appearing for the

BAIL APPLN. 2029/2018 Page 6 of 8

petitioner, Mr. Amit Chandha, Learned APP for the State and Ms.

Mallika Parmar, Learned advocate for the complainant and perused the

material on record.

9. The Petitioner is accused of offence under Sections 498-A, 406

IPC. The perusal of the status report shows that the custodial

interrogation of the Petitioner is being sought only for recovery of

Istridhan. The recovery of Istridhan alone cannot be a reason to deny

anticipatory bail to the Petitioner. The police are vested with sufficient

powers under the Cr.P.C to conduct searches of premises. Further, the

material on record shows that there are cross-complaints. The petitioner

had filed a complaint in 2018 stating that the complainant’s father is

threatening him. There is nothing on record to show that the Petitioner

and his family are in such a position that they would be able to threaten

the witnesses. It is trite law that the Police Officer before arresting the

accused who is accused of offence which is punishable with

imprisonment for a period of seven years has to be satisfied that such

arrest is necessary to prevent a person from committing any further

offence; or for proper investigation of the case; or to prevent the accused

from causing the evidence of the offence to disappear; or tampering with

such evidence in any manner; or to prevent such person from making any

inducement, threat or promise to a witness so as to dissuade him by

disclosing such facts to the Courts or the Police Officer; or unless such

accused person is arrested, his presence in the court whenever required

cannot be ensured. As Stated earlier, the mere fact that the recovery of

Istridhan cannot be the sole ground for arresting a person for an offence

under Sections 498-A and 406 IPC.


10. For the above said reasons, this Court is inclined to grant bail to

the Petitioner in the event of arrest on the following conditions:

a) The Petitioner shall furnish a personal bond in the sum

of Rs.50,000/- with two sureties of the like amount, one of

them should be a relative of the Petitioner, to the satisfaction

of the Investigating Officer/SHO concerned;

b) The Petitioner is directed to reside at the address

mentioned in the Memo of Parties i.e. House No. – C - 4/7,

3rd Floor, Street No. - 1, Acharya Niketan, Mayur Vihar,

Delhi, 110091. If there is any change in the address, he is

directed to intimate the same to the Investigating Officer;

c) The Petitioner is directed to report to the concerned

Police Station twice in a week i.e. every Tuesday and Friday

and shall join the investigation as and when required by the

Investigating Officer and an advance intimation of 24 hours

be given to the Petitioner;

d) The Petitioner is directed to give all his mobile numbers

to the Investigating Officer and to keep them operational at

all times;

d) The Petitioner directed to attend all the proceedings of

the Trial Court through Virtual Court or physically.

e) The Petitioner is directed not to threaten and contact the

complainant or her family. In case Petitioner attempts to do

so, his protection shall stand forfeited.

f) Violation of any of the above conditions by the

Petitioner would result in the immediate cancellation of the


bail granted.

11. The application stands disposed of along with all the pending

application(s), if any.

12. Be it noted that this Court has not made any observations on the

merits of the case.

SUBRAMONIUM PRASAD, J

DECEMBER 10, 2021


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