BIBHAV KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) An application under Sec. 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 Sec. 308/341/354B/506/509 IPC registered at PS: Civil Lines.

(2.) In brief, as per case of the prosecution, complainant alleged that on 13/5/2024 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 get through, whereupon she sent him a message on his mobile number through WhatsApp. Thereafter, she entered the residential area through main door of CM house as done in the past, since petitioner was not available and informed the staff present to tell the Chief Minister that she had come to meet him. She was informed that CM was present in the house and told to wait in the drawing room. Accordingly, she sat in the drawing room, when suddenly Bibhav Kumar (petitioner) barged into the room and without any provocation, started screaming and abusing her. When complainant asked him to stop and call the CM, he kept saying "VARNACULAR TEXT" Further, without any provocation, petitioner started slapping 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 free and called on number 112. Petitioner further threatened her "VARNACULAR TEXT" Thereafter, having realized that complainant had called on number 112, petitioner went out and came back with security personnel working at the main gate of Chief Minister's Camp Office. Complainant was further asked by security personnel to leave at the behest of the petitioner and taken outside the Chief Minister's Office, wherein she sat briefly on the floor outside his house being in deep pain. Further, being in a dazed position, complainant walked towards her previous residence in Civil Lines though the PCR reached the spot. The police personnel who had accompanied her called an auto at her request and she started towards her house. Complainant further alleged that somehow she mustered strength 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 16/5/2024 leading to registration of present FIR.

(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 16/5/2024, after delay of three days though the alleged incident took place on 13/5/2024. He further submits that entire version given by the complainant is improbable as there was no motive for alleged assault. Allegations are contended to have been made by the complainant, who is a sitting MP, for reasons best known to her. It is pointed out that nature of injuries alleged to be suffered by the complainant is 'simple' and Sec. 308 IPC has been wrongly invoked.