SANDEEP MOURYA Vs. STATE

JUDGEMENT

(1.) This application filed under Section 438 Cr.P.C. is for grant of bail in the event of arrest of the petitioner in FIR No.44/2021 dated 28.01.2021 registered in Police Station Hauz Khas for offences punishable under Section 376 and 328 IPC.

(2.) The prosecutrix gave a complaint on 28.01.2021, stating as under:

(3.) The petitioner approached the Sessions Court by filing a bail application. A Status Report was filed by the Police repeating the contents of the FIR. In the proceedings it was contended that the prosecutrix's father had suffered heart attack on 02.01.2019 and was brought to the hospital by the sister of the prosecutrix and during the said period, the sister of the prosecutrix was in constant touch with the petitioner. It is stated in the said order that the petitioner had requested the sister of the prosecutrix, who is a lab technician, to look for a job for his friend. The order records that in the month of May, 2020, the sister of the prosecutrix asked the petitioner as to whether he has married and then she requested the petitioner to find some eligible bachelor for her sister. The order records that the prosecutrix came to meet the petitioner and thereafter they established sexual relationship. The order also records that there were several instances of consensual sexual relationship and WhatsApp messages were exchanged. The bail application was rejected by an order dated 06.03.2021, on the ground that sexual relationship was established between the petitioner and the prosecutrix of the promise of marriage and therefore anticipatory bail could not be granted to the petitioner.