LAWS(DLH)-2022-7-149

SALMA TYAGI Vs. STATE

Decided On July 28, 2022
Salma Tyagi Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The applicant- Salma Tyagi, vide the present application seeks the grant of anticipatory bail in relation to FIR No. 288/2022, PS Jagatpuri under Ss. 376/506 of the Indian Penal Code, 1860 and Sec. 6 of the POCSO Act, 2012 submitting to the effect that the applicant has clean antecedents; is aged around 46 years; that she has deep roots in the society; that she comes from a respectable family; that she runs an NGO in the name of Nari Shakti; that she has political ambitions and that she has been falsely implicated in the instant case by the complainant- Jinnat W/o Md. Tanveer who has made false allegations against her, her daughter-Rida Khan and her son- Zeeshan and Md. Sufi Islam, husband of the applicant herein. (Rida Khan i.e. the daughter of the applicant herein has already been granted anticipatory bail vide order dtd. 18/5/2022 by the Court of the learned ASJ-01 and Spl. Judge (POCSO)/ Shahdara/Delhi.)

(2.) The applicant submits that the role attributed to her is lesser than that ascribed to the co-accused named Rida Naaz Khan who has already been enlarged on bail and on the grounds of parity, she, the applicant is also entitled to the grant of anticipatory bail. Inter alia, the applicant submits that the complaint is devoid of truth and is an abuse of the process of law with the complainant having made false allegations to implicate the entire family of the applicant to kill her political aspirations and to extract money from her. The applicant further submits that she is ready to join the investigation/ inquiry and her arrest would decimate her future socially and politically.

(3.) Inter alia, the applicant submits that there is no recovery to be effected from her nor at her instance; that her custodial interrogation is not required and no useful purpose would be served by any custodial interrogation or by sending her to judicial custody.