* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 03.03.2020
+ BAIL APPLN. 1484/2019
VIKAS SHARMA @ VIKAS BHARDWAJ
Through: Ms. Jhum Jhum Sarkar and
Mr. Pardeep Sharma,
STATE ….. Respondent
Through: Mr. G.M.Farooqui,
APP for State with ASI
Sudesh Kumar PS:
HON’BLE MR. JUSTICE BRIJESH SETHI
BRIJESH SETHI, J (ORAL)
1. Vide this order, I shall dispose of a bail application filed
under section 439 Cr.P.C. read with Section 482 Cr.P.C. on behalf
of the petitioner Vikas Sharma @ Vikas Bhardwaj in FIR No.
524/2018 u/s. 498A/406/506/34, 354/377 IPC, PS Kanjhawala.
2. Ld. Counsel for the petitioner has prayed for bail on the
Bail Appl. no. 1484/2019 Page no.1 of 4
ground that petitioner is innocent and has been falsely implicated.
Petitioner is in custody since 25.05.2019 when he surrendered
before the police. It is submitted that the Section 377 IPC is vague
and omnibus as this section was added on 25.01.2019 after Ld. ASJ
granted interim protection to the petitioner on 16.01.2019 and police
did not carry out any free and fair investigation in the matter. All
the valuables are already in custody of the complainant. It is further
submitted that the petitioner has already surrendered and had fully
co-operated with the investigating agency. It is, therefore, prayed
that petitioner be granted bail in the interest of justice.
3. The bail application is opposed by the Ld. APP for the State
on the ground that the allegations against the petitioner are serious
in nature. Petitioner has forcefully performed unnatural sex with his
wife. He also made video of the same and threatened the
complainant to circulate it. He has, therefore prayed for dismissal of
the bail application.
4. I have considered the rival submissions. As per prosecution
version, on the enquiry report of CAW Cell/Rohini District,
conducted on the complaint of complainant, present FIR bearing no.
Bail Appl. no. 1484/2019 Page no.2 of 4
524/2018 u/S. 498A/406/506/34 IPC was registered at PS
Kanjhawala. During the course of investigation, statement of
complainant under Section 164 Cr.P.C. was got recorded in which
she had made allegations of oral/unnatural sex against her husband
(petitioner herein) and for molestation against her father-in-law.
Complainant also alleged that her husband had made video of
oral/unnatural sex with her on his mobile and threatened her to
circulate them. Hence, Section 377 IPC/354 IPC was added in the
present case. Petitioner was arrested on 25.05.2019 and he
disclosed that he had sold his mobile, however, at his instance all
the data which was saved in a memory SD card was recovered from
his house and seized. Petitioner has not co-operated in the
investigation and has not handed over the istridhan articles as per
list to the complainant.
5. In view of the above facts appearing on record and keeping in
view the allegations levelled against the petitioner that he has
committed unnatural sexual intercourse with the complainant and
also made video of the same and threatened the complainant to
circulate it, no grounds for bail are made out. The bail application
Bail Appl. no. 1484/2019 Page no.3 of 4
is, therefore, dismissed and stands disposed of accordingly.
BRIJESH SETHI, J
MARCH 3, 2020
Bail Appl. no. 1484/2019 Page no.4 of 4