TaxTMI 
TaxTMI 
2024 (7) TMI 1589
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....atgi, Mr. Sanjeev, Sahay, Mr. Shagun Saproo, Mr. Karan, Deep Singh and Mr. Kartikey Singh, Advocates for Complainant with Complainant-in-person. ORDER ANOOP KUMAR MENDIRATTA, J. 1. An application under Section 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for grant of regular bail in FIR No.277/2024 under Section 308/341/354B/506/509 IPC registered at PS: Civil Lines. 2. In brief, as per case of the prosecution, complainant alleged that on 13.05.2024 about 9:00AM, she had visited the residence of Chief Minister of Delhi at 6, Flag Staff Road, Civil Lines, Delhi. On reaching, she went inside the Camp Office and called Chief Minister's PS Bibhav Kumar (petitioner) but could not ge....
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.... her with full force and slapped 7-8 times. In order to protect herself, complainant screamed for help and pushed the petitioner with her legs. At aforesaid time, the petitioner pounced on her, brutally dragged her and pulled her shirt up. Consequently, her shirt's buttons opened and shirt flew up. She further landed on the floor, while hitting her head on the centre table. Complainant continued to scream but no one came to her help. Further, petitioner did not relent and attacked her repeatedly in chest, stomach and pelvis area with his legs. Complainant kept repeatedly telling the petitioner to stop as she was having periods and let her go but petitioner continued to attack her with full force. Complainant somehow managed to get herself f....
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....gth and asked the auto to head to PS: Civil Lines to report the matter and informed the SHO about the incident. However, being in terrible pain and since she started receiving lots of calls from media and not wanting to politicize the incident, she left the police station without filing the complaint. The complaint was finally lodged by the complainant after a gap of three days on 16.05.2024 leading to registration of present FIR. Submissions on behalf of the petitioner 3. Learned counsel for the petitioner submits that allegations levelled by the complainant against the petitioner are false and fabricated and FIR was registered after deliberations only on 16.05.2024, after delay of three days though the alleged incident took place on 13....
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....ikshit, Assistant Section Officer posted at Chief Minister's Residence cum Office to the Section Officer informing that complainant had on her own proceeded to the Waiting Room despite being informed that petitioner was not present. Complainant is further stated to have entered inside the Chief Minister's residence without there being any information and despite being requested by the official to not to enter the residence. Thereafter, Deepak Dikshit waited in the 'vehicle parking area' till 9:20AM for the petitioner and upon arrival of the petitioner informed him about arrival of the complainant. Thereafter, Deepak Dikshit returned to office and was informed by Sachin and Nitin that petitioner had called for security personnel posted at th....
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....r to the police, thereby destroying the valuable evidence. The appointment register is also stated to have not been provided by the Chief Minister's office which is normally maintained for appointments. 9. Learned Senior Counsel for the State also informs that petitioner was also involved in FIR No.102/2007 under Section 353 IPC and does not have clean past antecedents. Section 308 IPC is stated to have been invoked by the prosecution, since the assault was made by the petitioner on vital parts of the body of the complainant. He further points out that delay in filing of FIR is self explanatory, since the complainant is a public figure and was traumatised by the assault. He further emphasizes that there could not have been any motive to im....
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....ting Member of Parliament) against PS to the Chief Minister, cannot be disbelieved merely on account of delay in registration of FIR, since the events unfolded after the incident, reflect that complainant was in a traumatized condition faced with the unprovoked brutal assault. Complainant would not have herself made a call on 112 during the course of assault, in case no such incident had occurred. The utterances made by the petitioner during the course of assault as reflected in FIR, reflect that there was a deeper conspiracy or motive to be achieved. Since the complainant herself is a dignified member of a political party, she had second thoughts to lodge the complaint, considering the powerful position of the petitioner. As such, despite ....