GAURAV ARORA Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The petitioner has moved this application seeking anticipatory bail in case FIR No. 1048/2021 under Sec. 354 of Indian Penal Code, 1860 (hereinafter referred to 'IPC ') and Sec. 8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to 'POCSO Act ') at PS Nihal Vihar.

(2.) It has been submitted on behalf of the petitioner that the marriage of the applicant/accused with the complainant was solemnized in the year 2009. It was love-cum-arranged marriage and as such the same was dowry-less. Out of this wedlock, two children were born; a baby girl on 7/9/2014 and a boy on 16/10/2018. Since beginning, the behaviour of the complainant was not good towards the applicant and her mother. She was pressurizing the applicant to sell the matrimonial home, which was registered in the name of the mother of the applicant.

(3.) Notice was issued on this bail application on 3/9/2021. Notice was accepted by the complainant, who was present through video conferencing. It was ordered not to take any coercive action against the petitioner, subject to his joining investigation as and when directed by the Investigating Officer. Complainant was asked to file written submissions. Status report was emailed to the Court on 27/9/2021. The complainant informed the Court that the application was earlier involved in a case of eve-teasing but this fact was not verified by the Investigating Officer. Status report was found silent on this aspect. It was also noted that Status report was silent on the issue of mortgage of the jewellery by the complainant to Muthoot Finance and IO was directed to verify the said fact and indicate as to when the petitioner was given notices to join the investigation and whether pursuant to the same, he joined the investigation or not.