SHAUKAT @ AAYAN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present application has been filed by the petitioner under Section 438 of the Code of Criminal Procedure, 1973 (Cr. P.C) for the grant of anticipatory bail.

(2.) Briefly stated, the case of the prosecution is that, on 4.8.2018, a case vide FIR No.224/18, under Sections 376/328/406 of the Indian Penal Code, 1860 (IPC) was registered in PS: Patel Nagar, Delhi on the complaint of "N", wherein she alleged that, on 26.5.2018, she went to Subhash Nagar to attend her class. After the completion of the class, she along with her friend Khushi and 9-10 other girls went to Moments Club, Netaji Subhash Place, where two boys Aayan (the petitioner) and Abhay came in contact with the complainant and her friend Khushi and they exchanged their mobile numbers. Thereafter, they dropped them at Jahangirpuri Metro Station. On 29.5.2018, the petitioner asked the complainant to come at Subhash Nagar Metro station along with her friend Khushi. When they reached at the Metro Station, the petitioner and his friend, Abhay met them and took them to Hotel Royal Heights, Patel Nagar, Delhi in their car. The petitioner and his friend Abhay went inside the hotel and after 5 minutes, they took the complainant and her friend Khushi inside room No.303 of the hotel. Thereafter, Abhay took Khushi in room No.302. Then, the petitioner forcefully established physical relations with the complainant. After that, the petitioner and Abhay took the complainant and her friend Khushi to some chemist shop and gave them some medicines. The complainant further alleged that one day, the petitioner asked for some money for his mother's treatment. On 13.07.18, the complainant and her friend Khushi took jewellery from the house of Khushi and went to Jahangir Puri Metro Station, where the petitioner met and took the jewellery from Khushi. However, later on, he returned some artificial jewellery to Khushi. Thereafter, the present FIR was registered and investigation was taken up.

(3.) During investigation, the victim was medically examined vide MLC No.288/18 at Lady Harding Medical College, New Delhi and the Doctor mentioned in the MLC report that "she refused for her internal examination and sampling".