Delhi High Court: In a bail application filed under Section 438 read with Section 482 of the Code of Criminal Procedure, 19731 (‘CrPC’) seeking anticipatory bail, a Single Judge Bench of Anup Jairam Bhambhani, J. treated the petition as one filed under Section 482 read with 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) and held that no coercive steps should be taken against the petitioner till the next date of hearing.
The petitioner, through this application, sought anticipatory bail in a case registered through First Information Report (‘FIR’) dated 18-05-2024 under Sections 376, 328, and 506, Penal Code, 18602
The Court opined that even though the present petition was filed under the provisions of CrPC, Section 531(2)(a) of the BNSS read that proceedings are to be “…disposed of, continued, held or made…” in accordance with CrPC only in cases where such proceedings, viz. “…any appeal, application, trial, inquiry, or investigation…” was pending immediately before the date on which the BNSS came into force, i.e. 01-07-2024.
The Court opined that since the present petition had been filed after 01-07-2024, it ought to have been filed under the BNSS, and to prevent any unnecessary delay, treated the same as a petition filed under Section 482 read with 528 of the BNSS.
The petitioner submitted that he was in a relationship with the complainant, culminating in the parties getting married. The petitioner also contended that the marriage was a result of coercion on the part of the complainant, which the petitioner was unable to resist at the time.
Subsequently, the petitioner submitted that he had filed a petition seeking the marriage to be declared null under Section 12 of the Hindu Marriage Act, 1955 before the Family Court, Tis Hazari Courts, Delhi and that the same was still pending.
The Court pointed out that the allegations made in the FIR state that the petitioner made physical relations with the complainant on 18-01-2024 and got married to her on the very next day as was evidenced by the marriage certificate.
The State submitted that the complainant had initially made a complaint via a Police Control Room (‘PCR’) call on 18-01-2024 which she subsequently withdrew. The State submitted that in their status report dated 27-05-2024, filed before the Additional Sessions Judge, the Investigation Officer had stated that when the complainant was called for counseling, no history of sexual or physical assault was given. It was also mentioned that the complainant stated that she had made a PCR call due to some alteration with the petitioner but did not want any action to be taken.
The State further submitted that the complainant again filed a complaint with the police on 12-02-2024 alleging that the petitioner made physical relations with her without her consent on 18-01-2024 after which she was forced to marry him.
It was also submitted that meanwhile, the complainant had preferred an application before the Magistrate, Tis Hazari Courts, Delhi under Section 156(3) CrPC3 for which an order was passed on 15-05-2024 as a result of which the FIR came to be registered.
The Court directed the status report to be filed at least 3 days before the next date. The Court also directed for intimation to be sent to the complainant under Section 439(1-A), CrPC read with the Delhi High Court Practice Directions dated 24-09-2019 to inform her that she was entitled to be heard in these proceedings, for which she may remain present or be represented on the next date.
Further, the Court held that considering the allegations made in the FIR as well as the fact that the petitioner had joined the investigation as and when called for by the Investigating Officer, no coercive action was to be taken against the petitioner till the next date of hearing.
The matter is to be re-notified on 25-10-2024.
[Prince v. State (NCT of Delhi), 2024 SCC OnLine Del 4909, Decided on 12-07-2024]
Advocates who appeared in this case :
For Petitioner — Advocate Shiv Kumar Gautam, Advocate Gaurav Singh, Advocate Rohit Gupta, Advocate Shanu
For Respondents — APP Utkarsh, Advocate Sachin Khari, Advocate Sarika Khari
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1. Section 482 and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
2. Sections 64, 123, 351(2), and 351(3) of Bharatiya Nyaya Sanhita, 2023
3. Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023