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Himmat Singh Mehta vs State (Nct Of Delhi) on 16 July, 2021

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2514/2021
HIMMAT SINGH MEHTA ….. Petitioner
Through : Mr. Vishal Gosain with
Ms.Maulshree Pathak, Mr.Pravir
Singh and Ms. Adya Luthra,
Advocates.
versus
STATE (NCT OF DELHI) ….. Respondent
Through : Mr.Sanjeev Sabharwal, APP for State
with SI Jyoti PS Model Town.
Mr.Kartik Gadi, Advocate for
prosecutrix.
CORAM:
HON’BLE MR. JUSTICE YOGESH KHANNA
ORDER

% 16.07.2021

1. The hearing has been conducted through Video Conferencing.
Crl.M.A.No.10744/2021

2. Exemption allowed, subject to all just exceptions.

3. The application stands disposed of.

BAIL APPLN. 2514/2021

4. Petitioner seeks anticipatory bail in case FIR No.330/2021 under
Section 354/506/509 IPC registered at police station Model Town. The
victim is step daughter of the petitioner.

5. The allegations against the applicant are of inappropriately touching
the complainant/prosecutrix in the years between 1999-2003 when she was a
minor. The allegations are set out in the FIR lodged before police station
Model Town. It is the submission of learned counsel for the petitioner that
the allegations are totally false and such allegations are made only because
of a complaint he had filed against the prosecutrix on 04.06.2021 at police

Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:17.07.2021 11:29
station Model Town when he got a threat for vacation of property in which
he is staying.

6. It is submitted the applicant got married Smt.Deepika Mehta, the
mother of the prosecutrix in the year 1999 and the prosecutrix was 8 ½ years
old at that time. The allegations are of molesting her several times in the
year 1999-2003 and when she was of 23 years of age, she had allegedly
confided about such incidents to her mother on 27.08.2019. Admittedly her
mother expired on 23.04.2021.

7. It is the submission of learned counsel for the petitioner even if such
allegations are taken to be allegedly correct, per law the entire allegations
would be under
Section 354 IPC and offence under Section 354 IPC was
bailable in the years 1999-2003. The learned counsel for the petitioner has
also referred to various whatsapp chat messages of the year 2017-18 wherein
the conversation between the prosecutrix and the petitioner does not reveal
any such behaviour of the petitioner herein. Reference is also made to
various family photographs since the year 2016 which also prima facie show
it was a happy family. It is rather the submission of learned counsel for the
petitioner since the house wherein he stays viz. A-175, Gujranwala Town
Part-I, New Delhi belong to the prosecutrix and her deceased mother and he
being 60 years old is staying in the said property, he is being threatened to
vacate such premises and thus he filed a complaint dated 04.06.2021 with
the police and immediately thereafter the prosecutrix had filed the present
FIR on 17.06.2021.

8. Issue notice. Learned APP accepts notice. The status report is stated
to have been filed but is not on record. Be placed on record before the next
date of hearing with an advance copy to learned counsel for the petitioner.

Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:17.07.2021 11:29

9. List on 10.11.2021 and till then the petitioner be not arrested and he
shall join the investigation as and when directed by the Investigating
Officer.

YOGESH KHANNA, J.

JULY 16, 2021
VLD

Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:17.07.2021 11:29

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