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TMI Blog2024 (7) TMI 1589X X X X Extracts X X X X X X X X Extracts X X X X ..... ge to visit the police station on the same day and informing the SHO, complainant returned without lodging the FIR. In the peculiar facts and circumstances, it may be preposterous at this stage to infer that petitioner has been falsely implicated and allegations have been concocted, since apparently the complainant had no motive to implicate the petitioner.
No doubt, the petitioner happens to be only designated as a PS but the facts and circumstances reflect that he yields considerable influence and it cannot be ruled out that witnesses may be influenced or evidence may be tampered with, in case the petitioner is released on bail, at this stage.
Conclusion - The petitioner should not be granted bail, given the serious nature of the allegations, the potential for evidence tampering, and the influence the petitioner could exert over witnesses.
Bail application dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... #2327;े।'' 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 ''कर ले जो तुझे करना है। तू हमारा कुछ नहीं बिगाड़ सकती। & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on 17.05.2024 but the same has not been registered by the police. It is urged that petitioner was arrested on 18.05.2024 at about 4:00PM rendering his application for anticipatory bail infructuous. The offences invoked are stated to be punishable upto seven years of imprisonment. It is emphasized that the petitioner has remained in custody for a period of 54 days and is no more required for investigation. The mobile phone of the petitioner is also stated to have been seized during investigation. 5. Learned counsel for the petitioner also contends that petitioner was merely dealing with political appointments of the Chief Minister and there was no reason for the complainant to call the petitioner, as he was merely an employee. The CCTV footage is stated to have been further handed over by the concerned JE, PWD, in respect of which petitioner did not have any role. 6. Learned counsel for the petitioner also refers to 'Breach Report' dated 13.05.2024 given by Deepak Dikshit, Assistant Section Officer posted at Chief Minister's Residence cum Office to the Section Officer informing that complainant had on her own proceeded to the Waiting Room despite being informed that petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edents. Section 308 IPC is stated to have been invoked by the prosecution, since the assault was made by the petitioner on vital parts of the body of the complainant. He further points out that delay in filing of FIR is self explanatory, since the complainant is a public figure and was traumatised by the assault. He further emphasizes that there could not have been any motive to implicate the petitioner, in case no such incident had occurred. Submissions on behalf of the complainant 10. Learned counsel for the complainant also vehemently opposes the application and reiterates the contentions made on behalf of the State. It is pointed out that threatening messages have also been received by the complainant and she apprehends danger to her life. Complainant, who is present in person also submits that she was brutally assaulted and apprehends danger to her life. She further urges that she is being trolled in media and her image has been negatively projected. Findings 11. The factors which are to be borne in mind while considering an application for bail amongst other circumstances have been reiterated in Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496 and may be be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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