TARUN KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) By this petition filed under Sec. 439 of Cr. P.C., read with Sec. 482 of Cr. P.C., the petitioner seeks bail in a case registered as FIR No. 780/2015 under Sec. 498-A/406/34 of Indian Penal Code, at Police Station Ranhola, Delhi.

(2.) The prosecution case is based on the complaint filed by Mrs. Renu Sharma before the CAW Cell and it is only by the recommendation of CAW Cell, the present FIR was registered against the petitioner and his parents on 24.09.2015. Investigations carried out and statement of the complainant under Sec. 161 of Cr. P.C. was also recorded. The complainant also provided the relevant documents supporting the allegations leveled in the FIR. Petitioner had earlier applied for anticipatory bail thrice, but every time his application was rejected. Even proceedings under Sec. 82 of Cr. P.C. were initiated against him and ultimately on 13.07.2016, the petitioner was arrested. After arrest, the petitioner also filed bail application before the concerned magistrate, which was rejected. Thereafter, petitioner applied for regular bail before the learned Additional Sessions Judge, which was declined vide order dated 21.09.2016 while observing that filing of the chargsheet is not a change in circumstance. Further application for seeking regular bail was also rejected by the learned Additional Sessions Judge vide order dated 14.10.2016, while observing no change in circumstance. Petitioner's third application was also rejected vide order dated 22.10.2016. Hence, the petitioner is before this court.

(3.) There is an allegation of the complainant that the petitioner is involved in extra-marital affairs and out of which he also has a female child. It is further alleged that the petitioner is not living with the complainant at matrimonial home and does not provide any money to meet her day to day needs. Even the school authorities are not allowing her elder son to appear in exams due to non payment of fees.