The Delhi High Court dismissed an anticipatory bail application filed by a maid-servant accused of theft under Section 381 IPC. The court rejected the plea of sexual misconduct alleged post-FIR registration as insufficient grounds for bail, stating the case does not warrant release.
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SOHAGI KIYAR ..... Petitioner Through: Mr. Sarvesh Kumar, Advocate
versus
STATE (GOVT OF NCT OF DELHI) ..... Respondent Through: Mr. Ashish Dutta, APP for the State with ASI Sunil Kumar, PS Naraina
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA O R D E R % 04.07.2018
The applicant was admittedly employed as a maid-servant in the house of the first informant Jasminder Anand in Delhi. She is ordinarily a resident of State of Jharkhand. The allegations in the FIR No.278/2017 lodged on 07.12.2017 at Police Station Naraina are that she had gone away having stolen Rs.1,00,000/- in cash from the house of her employer. The offence under Section 381 Indian Penal Code, 1860 is under investigation and in spite of the efforts made by the investigating police, it has not been able to trace the applicant till date.
The applicant’s case for release on anticipatory bail is on the ground that there was dispute over the non-payment of salary and that the employer used to indulge in inappropriate conduct with the intention to outrage her modesty which is the reason why she had to go out. BAIL APPLN. 318/2018 Page 1 of 2
Page 1 of 2
The allegations of misconduct on the part of the employer were made in a representation to DCP (West) five days after the registration of the FIR. Be that as it may, against the backdrop facts alleged in the case under investigation with the police, it cannot be said to be a case where the applicant should be released on anticipatory bail.
The bail petition is dismissed. This disposes of the pending application also.
R.K.GAUBA, J.
JULY 04, 2018 vk
BAIL APPLN. 318/2018
Page 2 of 2
1 issue framed by the court
Whether the applicant, accused of theft and alleged sexual misconduct, qualifies for anticipatory bail.
Sohagi Kiyar
State (Govt of NCT of Delhi)
R.K. Gauba
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
