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2021 DIGILAW 1830 (DEL)

Neetu v. State

2021-10-08

ANU MALHOTRA

body2021
ORDER (Through Video Conferencing) 1. The applicant, vide the present application seeks the grant of anticipatory bail in relation to FIR No.497/2021, PS Tilak Nagar under Sections 384/388/34 of the Indian Penal Code, 1860. The allegations levelled against the applicant relate to her having allegedly ensnared the complainant of the FIR to indulge into sexual activity and then having blackmailed him and extorted money along with other associates. 2. On behalf of the applicant, it has been submitted that the allegations levelled against the applicant are wholly false and that in fact, the FIR No.496/2021 has been registered on the same day on the complaint of the applicant herein under Section 376 of the Indian Penal Code, 1860 at PS Tilak Nagar. 3. It is the contention on behalf of the State that the cancellation report in relation thereto has been filed qua which the Investigating Officer submits that the said cancellation report was filed on 25.08.2021 and that the matter is now fixed for 20.11.2021 before the learned Metropolitan Magistrate. 4. Learned counsel for the applicant submits that so far no notice of the cancellation report in relation thereto has been received and in fact even the statement under Section 164 of the Cr.P.C., 1973 of the applicant had been recorded. Inter alia it is urged on behalf of the applicant that the offence punishable under Section 384 of the Indian Penal Code, 1860 is punishable for a maximum imprisonment of 3 (three) years and that the offence punishable under Section 388 of the Indian Penal Code, 1860 is a bailable offence. The said contention is apparently correct in terms of the Indian Penal Code, 1860 and the Cr.P.C., 1973. 5. As per the status report that has been submitted, the requirement of the applicant is in relation to the alleged recovery of the extorted money as well as her identification. 6. The said contention is apparently correct in terms of the Indian Penal Code, 1860 and the Cr.P.C., 1973. 5. As per the status report that has been submitted, the requirement of the applicant is in relation to the alleged recovery of the extorted money as well as her identification. 6. Taking into account the factum of the institution of an FIR on the same date qua an alleged commission of an offence punishable under Section 376 of the Indian Penal Code, 1860 qua which a cancellation report is stated to be pending in relation to which the prosecutrix has not even been heard, it is considered appropriate that the applicant is allowed to be released on anticipatory bail on filing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with two sureties of the like amount to the satisfaction of the learned Trial Court with directions to the applicant to the effect:- she shall not leave the city; she shall keep her mobile on at all times; she shall drop a PIN on the Google map so that her location is available to the Investigating Officer; she shall make no contact with the prosecution witnesses; she shall join the investigation of the case as and when required by the Investigating Agency; she shall commit no offence whatsoever during the period that she is on bail. The application is disposed of. 7. Nothing stated hereinabove shall however amount to any expression on the merits or demerits of the trial that may take place in relation to FIR No.497/2021, PS Tilak Nagar under Sections 384/388/34 of the Indian Penal Code, 1860 nor on the merits or demerits of the cancellation report stated to have been filed in relation to FIR No.496/2021, PS Tilak Nagar under Section 376 of the Indian Penal Code, 1860.