Sunil Vs the State (Govt. NCT of Delhi) — Anticipatory Bail | Delhi HC (2025)

Sunil Vs the State (Govt. NCT of Delhi) — Anticipatory Bail | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition allowed: petitioner (Sunil s/o Tasvir Dahiya) directed to be admitted to bail by the Investigating Officer/Arresting Officer in the event of arrest — personal bond of Rs.25,000/- with one surety of like amount from a family member, subject to conditions of an always-active contactable cellphone number, surrender of passport and no foreign travel without this court's prior permission, and no contact/inducement/threat towards prosecution witnesses and no tampering with evidence; pending applications also disposed of.

Issue for consideration

Whether the petitioner — against whom a chargesheet dated 27.11.2024 had been filed without arrest pursuant to FIR No. 0227/2024 (S. 376 IPC) — should be admitted to bail upon arrest, notwithstanding the prosecutrix's apprehension of threats, intimidation and interference with her deposition before the trial court.

Court's answer

In view of the circumstances, and in particular that the chargesheet had already been filed without arresting the petitioner, this court deemed it appropriate to allow the petition, directing that in the event of arrest the petitioner (Sunil s/o Tasvir Dahiya) be admitted to bail by the Investigating Officer/Arresting Officer subject to specified conditions, notwithstanding the prosecutrix's expressed apprehension of threats and intimidation.

Ratio / Principle

Condition of bail: petitioner to furnish a personal bond of Rs.25,000/- with one surety of the like amount from a family member, to the satisfaction of the Investigating Officer/Arresting Officer.

Key takeaways

Condition of bail: petitioner to furnish a cellphone number to the Investigating Officer on which he may be contacted at any time, to be kept active and switched-on at all times.ratio¶¶28
Condition of bail: petitioner to surrender his passport (if any) to the trial court and not travel out of the country without prior permission of this court.ratio¶¶29
Condition of bail: petitioner shall not contact, visit, or offer inducement, threat or promise to prosecution witnesses or others acquainted with the facts, shall not tamper with evidence, and shall not engage in any unlawful act or omission prejudicing the pending trial.

Detailed headnote1 paragraphs

Delhi High Court (Anup Jairam Bhambhani, J.), order dated 14.01.2025 in BAIL APPLN. 4816/2024 filed under Ss. 482 and 528 BNSS 2023: anticipatory bail allowed to Sunil s/o Tasvir Dahiya, an Indo-Tibetan Border Police constable presently posted in Arunachal Pradesh, in respect of FIR No. 0227/2024 dated 30.09.2024 registered under S. 376 IPC at P.S. Safdarjung Enclave concerning an alleged incident of 20.06.2024 at the Golden Leaf Hotel, Safdarjung Enclave. Petitioner's counsel contended the FIR was registered only to extort/harass, after a delay of about 100 days, with no hotel entry/exit record or CCTV footage on record. Upon query, counsel disclosed that investigation stood complete, a chargesheet dated 27.11.2024 having been filed without arresting the petitioner. The State (through Ms. Manjeet Arya, APP, on instructions of the I.O.) and the prosecutrix (present with counsel Ms. Amra and Mr. Manoj Kumar) expressed apprehension that the petitioner might threaten, intimidate or obstruct her deposition, alleging a threat extended by the petitioner and his family members on 27.09.2024 orally communicated to the I.O. Weighing particularly that the chargesheet had been filed without arresting the petitioner, the court allowed the petition and directed that, if arrested, the petitioner be admitted to bail by the Investigating Officer/Arresting Officer on a personal bond of Rs.25,000/- with one surety of like amount from a family member, conditioned on: (i) providing a permanently active, contactable cellphone number; (ii) surrendering any passport to the trial court and refraining from foreign travel without this court's prior permission; and (iii) abstaining from contact with, inducement, threat or promise to prosecution witnesses, tampering with evidence, or any unlawful act prejudicing the pending trial. The order expressly disclaims any expression of opinion on the merits.

$~17

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 4816/2024 & CRL.M.A. 39235/2024 SUNIL .....Petitioner

Through: Counsel (appearance not given).

versus

THE STATE (GOVT. NCT OF DELHI) .....Respondent Through: Ms. Manjeet Arya, APP for the State. Ms. Amra and Mr. Manoj Kumar, Advocates for the complainant/victim. SI Ankita, P.S.: Safdarjung Enclave.

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 14.01.2025

CRL.M.A. 39234/2024

Exemption granted, subject to just exceptions.

The application stands disposed-of.

BAIL APPLN. 4816/2024

By way of the present petition filed under section 482 read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), the petitioner seeks anticipatory bail in case FIR No. 0227/2024 dated 30.09.2024 registered under section 376 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Safdarjung Enclave, Delhi (‘subject FIR’).

Learned counsel appearing for the petitioner submits, that the petitioner is a constable with the Indo-Tibetan Border Police,

This is a digitally signed order. BAIL APPLN. 4816/2024 Page 1 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 15:07:20

presently posted in Arunachal Pradesh and that the subject FIR has been registered only as a means to extort and harass the petitioner.

Learned counsel submits, that there is inordinate and unexplained delay in registration of the subject FIR. In this behalf, counsel pointsout that the incident alleged in the FIR occurred on 20.06.2024 and the FIR was registered on 30.09.2024, with a delay of about 100 days.

Learned counsel submits, that the subject FIR narrates that on 20.06.2024, the petitioner took the prosecutrix to the Golden Leaf Hotel, Safdarjung Enclave, Delhi where they are alleged to have engaged in physical relations. Counsel argues however, that there is no record of the petitioner or the prosecutrix having entered or exited that hotel, and no CCTV footage has come on record to support the allegation made by the prosecution.

Upon being queried, learned counsel informs the court that the present anticipatory bail plea was filed on 13.12.2024; however subsequently, it transpires, that upon completion of investigation the Investigating Officer (‘I.O.’) has filed a chargesheet dated 27.11.2024 without arresting the petitioner.

Issue notice.

Ms. Manjeet Arya, learned APP appears on behalf of the State on advance copy; accepts notice; and submits, on instructions of the I.O., that the prosecutrix apprehends that the petitioner may yet extend threats to her, intimidate her and may prevent her from deposing freely before the learned trial court.

Ms. Amra, learned counsel is also present on behalf of the prosecutrix alongwith the prosecutrix. Learned counsel echoes the same

This is a digitally signed order. BAIL APPLN. 4816/2024 Page 2 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 15:07:20

apprehension as raised by learned APP, submitting that a threat was in fact extended the prosecutrix by the petitioner as well as his family members on 27.09.2024, which they had orally communicated to the I.O.

In the circumstances obtaining in the matter, and in particular the fact that chargesheet in the matter has already been filed without arresting the petitioner, this court deems it appropriate to allow the present petition, thereby directing that in the event of his arrest, the petitioner – Sunil s/o Tasvir Dahiya - shall be admitted to bail by the Investigating Officer/Arresting Officer subject to the following conditions :

9.1. The petitioner shall furnish a personal bond in the sum of Rs.25,000/- (Rs. Twenty-five Thousand Only) with 01 surety in the like amount from a family member to the satisfaction of the Investigating Officer/Arresting Officer;

9.2. The petitioner shall furnish to the Investigating Officer a cellphone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

9.3. If the petitioner has a passport, he shall surrender the same to the learned trial court and shall not travel out of the country without prior permission of this court; and

9.4. The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise

This is a digitally signed order. BAIL APPLN. 4816/2024 Page 3 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 15:07:20

indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial.

Nothing in this order shall be construed as an expression of opinion on the merits of the pending matter.

The petition stands disposed-of.

Pending applications, if any, also stand disposed-of.

ANUP JAIRAM BHAMBHANI, J

JANUARY 14, 2025 ss

BAIL APPLN. 4816/2024 Page 4 of 4

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 15:07:20