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TMI Blog2021 (4) TMI 1341X X X X Extracts X X X X X X X X Extracts X X X X ..... cussed with her but the complaint was only lodged on 29.12.2020. In between this period from the record, it is evident that the petitioner and the mother of the complainant have been litigating. In the instant case, the petitioner has been able to make out a case for grant of anticipatory bail on account of the fact that no recovery of any articles is to be effected inasmuch as this is a case where all the articles have been seized by the police as per the Status Report and he had joined the investigation at least six times. No doubt, the delay in lodging the FIR is not always fatal and it depends upon the facts of each case. The reasons given by the counsel for the complainant for the delay is that the complainant never wanted to spoil the matrimonial home of her mother and secondly her fiance would have left her if he had come to know about the conduct of the petitioner. Though, the complainant has tried to explain the delay, but the same can be looked into at the time of trial and as to what would be the fate of such delay would be seen at that particular stage - In the instant case, the petitioner has been able to make out a case for grant of anticipatory bail on account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er who told her that he was only trying to teach her and discipline her and she could not take it otherwise. It is further alleged that soon his behaviour progressed in the direction of aggressive sexual harassment and was always trying to touch the body of the complainant when no one was looking. It is alleged that the complainant was severely, emotionally depressed and then she started to object very loudly telling the petitioner not to touch her on her bum or any other part of her body even as a friendly gesture. 4. It is further alleged that after observing this kind of behaviour for a long time, the complainant started avoiding the petitioner whom she always addressed as daddy. It is further alleged that the behaviour of the petitioner was very vulgar and cheap in front of the complainant and he had no respect for her mother. It is further alleged that the life style of the petitioner is like a street goon and he always dresses inappropriately and used to roam around inside the house and in front of the complainant wearing only shorts and with bare chest. It is further alleged that the complainant always used to suspect that he is trying to mix some medicines in her drink s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t not to worry and that she would support her and would not keep quiet about this incident, even if the complainant published the nude pictures of the complainant. 7. I have heard Mr. Sudhir Nandrajog, Sr. Adv., counsel for the petitioner as well as Ld. APP for the State. The private counsel representing the complainant had also made her submissions and assisted the Ld. APP. 8. The main contention of the Ld. Sr. Counsel for the petitioner is that the petitioner has been falsely implicated in the instant case. It is submitted that the marriage between the mother of the complainant and the petitioner is their second marriage and they had incorporated a company namely Prayer Dhoop Agarbatti Pvt. Ltd. of which they are the owners of 50% share holding as well as directors in the company. It is further submitted that Mrs. Pooja Goela was caught cheating by the petitioner as the photographs of Ms. Pooja Goela with another person were revealed to the petitioner and the differences arose due to the infidelity of Mrs. Pooja Goela and for this reason the petitioner left the property where he was living with her family and started living with his friend at Laxmi Nagar from January 2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the alleged incident is dated 18.05.2020 but the complainant preferred the complaint on 29.12.2020 which has been filed solely with the purpose that the petitioner may not pursue his business interest in the company. 11. It is further urged that the petitioner was not residing at the residence R-64, 3rd Floor, Greater Kailalsh-1, where the complainant was present on the date of the incident and the IO made no efforts to obtain the location of the petitioner's mobile phone. It is further submitted that the petitioner had never absconded and has joined investigation on 10.02.2021, 11.02.2021, 12.02.2021, 15.02,2021, 16.02,2021 and 17.02.2021. It is further submitted that the allegations in the FIR are totally false and no dates, day, time has been mentioned about the incidents. It is further submitted that no custodial interrogation is required and the petitioner has clean past antecedents. It is further submitted by the Ld. Sr. counsel that the contents of the FIR are highly improbable and cannot be believed. It is further submitted that according to the complainant, the petitioner prior to the alleged incident of 18.05.2020 has been misbehaving and sexually harassing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant remained silent to save the matrimonial trauma of her mother and the marriage of the complainant was fixed during that period and if the fiance of the complainant would have come to know about the incident, he would have broken the relationship. 14. No doubt, the allegations against the petitioner are serious in nature but the severity of the allegations is not the only consideration which should result in denial of grant of bail to the petitioner. The totality of the circumstances deserves to be seen before a person is granted or denied anticipatory bail. The Supreme Court in case titled Siddharam Satlingappa Mhetre Vs. State of Maharashtra (2011) 1 SCC 694 has laid down that the Court should be loath to reject the grant of anticipatory bail in as much as it impinges on the personal liberty of a person. Meaning thereby, unless and until there is an imminent and a great imperative to have a custodial interrogation of an accused, the anticipatory bail does not deserve to be denied. 15. In the instant case, there is no denial to the fact that the petitioner and his wife who is the mother of the complainant are involved in various litigations amongst each other. The mobile p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her and brother about the misconduct and sexual harassment being meted out by the petitioner and when at one stage according to the complainant, her mother even fell unconscious after drinking green tea which the petitioner brought for the complainant but was drank by the mother of the complainant but then also the complainant failed to tell her mother and brother about the conduct of the petitioner as already observed. 19. In the instant case, the petitioner has been able to make out a case for grant of anticipatory bail on account of the fact that no recovery of any articles is to be effected inasmuch as this is a case where all the articles have been seized by the police as per the Status Report and he had joined the investigation at least six times. 20. There are two more considerations which are being taken into account for grant of anticipatory bail. Firstly, the petitioner is having roots in the society and no apprehension has been shown by the prosecution that there is a chance of fleeing away of the petitioner from the process of law. 21. In so far as the contention of the petitioner tampering with the evidence or threatening the witnesses are concerned a generali ..... X X X X Extracts X X X X X X X X Extracts X X X X
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