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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on : 06.07.2021
% Pronounced on : 22.07.2021
+ BAIL APPLN. 3651/2020
DR. LATA …….Petitioner
Through: Mr. Naveen Kr. Raheja, Advocate.
Versus
STATE OF DELHI ….. Respondent
Through: Ms. Manjeet Arya, APP for the
State.
Ms. Sunita Arora, Advocate for
the victim with victim in person.
CORAM:
HON’BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
RAJNISH BHATNAGAR, J.
1. The present application has been filed under Section 438 Cr.P.C read
with Section 482 Cr.P.C on behalf of the petitioner seeking anticipatory bail
in FIR No. 627/2020 registered under Section 377 IPC and Section 6 of the
POCSO Act at Police Station Model Town.
2. Briefly stated, the facts of this case are that the present case has been
registered on the complaint of Dr. Anju Gurawa. She alleged in her
complaint that MS Lata (the present petitioner) visited her home on several
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Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:26.07.2021
20:15
occasions and always tried to come close to her son (Victim K. Aged 6
Years). Complainant further alleged that the petitioner sexually assaulted
her child by pressing the private part of the child, putting her finger in the
anus of the child bitten the lips of the child and pinched under his arm pits.
Complainant further alleged that petitioner did all this with the child while
he was in his father Surender’s custody. Surender used to take him to play
and pick from day care. Her child told all this on 26th of Sep 2020.
3. Complainant further alleged that the petitioner, who is working as
assistant professor in Hindi Department of Venkateshwara College is in
sexual relationship with Surrender Kumar and with the help and permission
of Surendera Kumar, petitioner used to sexually assault with her child.
4. During the course of investigation victim K was got medically
examined vide MLC No 5742 dated 12/10/20 at Dr. Baba Saheb Ambedkar
Hospital Rohini Delhi. The statement of the victim U/s 164 Cr.P.C was got
recorded in which he corroborated the contents of the complaint. In his
statement u/s 164 Cr.PC he stated that all this has been happening to him
since he was 3 years old.
5. I have heard Ld. counsel for the petitioner, Ld. APP for the State and
Ld. counsel for the complainant who assisted the Ld. APP for the State and
perused the Status Report and the records of this case.
6. It is submitted by the Ld. counsel for the petitioner that co-accused
who is the husband of the complainant and father of the victim has already
been admitted to anticipatory bail. It is further submitted by the Ld.
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Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:26.07.2021
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counsel for the petitioner that the husband of the complainant is a professor
in Delhi University and the petitioner is also working in Delhi University
and the complainant has apprehension that the petitioner and his co-accused
are in affair and in order to take revenge against her husband she has used
her minor child and filed this FIR which has been lodged after a gap of 4
years. It is further submitted by the Ld. counsel for the petitioner that the
husband of complainant who is the co-accused has already filed a divorce
petition in the year 2019 against the complainant. It is further submitted by
the Ld. counsel for the petitioner that the petitioner has joined the
investigation and nothing is required to be recovered from her. He further
submitted that custodial interrogation of the petitioner and sending her
behind the bar will serve no purpose.
7. It is further submitted by the Ld. counsel for the petitioner that since
the husband of complainant has filed a divorce case against complainant
who is suspicious about the affair between the petitioner and her husband ,
so she is adopting all means to see that the petitioner is not granted
anticipatory bail and in order to achieve that purpose she has even filed
forged and fabricated medical documents of her minor child which has been
got verified by the IO and details have been mentioned in the Status Report.
8. On the other hand, it is submitted by the Ld. APP for the State with
the assistance of the counsel for the complainant that the child is aged about
6 years and he could only reveal about the sexual assault upon him by the
petitioner in the month of September 2020 which resulted in the delay in
lodging the FIR. It is further submitted by the Ld. APP for the state that the
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KANT MENDIRATTA
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petitioner is the main accused and the offence is grave and serious in nature.
It is further submitted by the Ld. APP that in case the petitioner is admitted
to bail, there are chances of her threatening the complainant and tampering
with the evidence. It is further submitted by the Ld. APP that the petitioner
has not been co-operating in the investigation.
10. The complainant has thereafter handed over one document of St.
Stephan Hospital dated 31.01.2018. Initially, the complainant was not
handing over the original document but on the direction of this Court, the
original document was handed over to the IO who got it verified from the St.
Stephan Hospital, Tis Hazari Delhi and filed a report in this regard. The
Medical Supdt. of St. Stephan Hospital, Tis Hazari Delhi stated in the reply
in pursuance of notice U/s 91 Cr.P.C that Patient visited private Pediatrics
OPD of the hospital on 31.01.2018 for Right Ear pain since 02 days,
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Digitally Signed By:KAMAL
KANT MENDIRATTA
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History of rigor since 02 days and abnormal behavior since 07 days. Patient
was referred for Child Psychiatry Opinion also. Dr. Nirmal Kumar, Senior
Consultant and Head of the Department, Pediatrics examined the patient on
31.01.2018. He further stated that the line mentioned “scrotal Swelling 2
days back” in the prescription slip/medical record dated 31.01.2018 has been
added/written by some person. This line is not written by the treating
Doctor. As per Hospital records the patient was not suffering with Scrotal
Swelling as examined on 31.01.2018. So the report of the Medical Supdt.,
St. Stephan Hospital further goes to show that the prescription slip dated
31.01.2018 again is not a genuine prescription slip issued by the hospital.
Rather it also has interpolation and addition of words.
11. So both these documents which have come from the custody of the
complainant are not found to be genuine documents in regard to the injury
allegedly given to the child by the petitioner. The complainant is well
advised not to engage herself in such type of endeavours in future and at this
stage, I am not taking any harsh view against the complainant for preparing
such medical records.
12. The child victim was also taken to Baba Saheb Ambedkar Hospital
Rohini Delhi after the complaint was made by the complainant and he was
got medically examined vide MLC No. 5742 dated 12.10.2020 and nothing
abnormal was found in the medical of the child. The medical opinion was
also sought in this regard from Dr. Baba Saheb Ambedkar Medical College
Hospital and the following opinion was given:
“Opinion:
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Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:26.07.2021
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“On perusal of above mentioned documents. I am of the opinion that
1. Normally, abrasion heals in a period of 7 to 10 days of its causation.
It is not possible that the said abrasion mentioned in the MLC
prepared on 12.10.2020 would have been caused between years 2016
to 2018.
2. Abrasion in anal area is possible by putting finger in the anus.
However, some medical conditions including constipation can also
cause abrasion in anal area.”
13. So all the medical documents produced on record by the complainant
does not support the theory of the complainant. The petitioner has already
joined the investigation. She is a lady working in Delhi University. Nothing
is to be recovered from her, so no custodial interrogation is required. Co-
accused who is stated to be the abetor has already been released on bail.
14. As far as the question of tampering with the evidence or threatening of
witnesses is concerned, nothing is there on record and in my opinion the co-
accused, who is the husband of the complainant and father of the child
victim is in a better position to threaten and tamper with the evidence, if he
so desire as compared to the present petitioner, but there are no such
complaints against him in this regard.
15. Considering the above, the anticipatory bail is allowed subject to the
following terms and conditions:-
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KANT MENDIRATTA
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a) That accused/petitioner shall not leave the country till the pendency
of the case.
b) That she shall not meet the child till the recording of the statement
of the child.
c) That accused/petitioner shall not visit the place of complainant and
keep herself 3 KM away from the residence of the complainant.
d) The accused/petitioner shall not visit the school and day care of the
child.
e) The accused/petitioner shall cooperate in the investigation.
16. It is ordered that, in case of arrest, the applicant/petitioner be released
on bail on her furnishing personal bond in the sum of Rs. 50,000/- along
with one surety of the like amount to the satisfaction of concerned SHO.
Needless to mention that violation of terms and conditions of the present
bail order by the petitioner/accused shall call for cancellation of bail. The
bail application is disposed of accordingly.
17. Nothing stated hereinabove shall tantamount to the expression of any
opinion on the merits of this case.
RAJNISH BHATNAGAR, J
JULY 22, 2021
Sumant
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Digitally Signed By:KAMAL
KANT MENDIRATTA
Signing Date:26.07.2021
20:15