GAURAV MALIK Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) These petitions have been filed under Sec. 438 Cr.P.C. seeking grant of bail to the Petitioners in the event of arrest in FIR No. 53/2022 dtd. 11/1/2022 registered at Police Station Khyala for offences under Ss. 376/376(2)(n)/323/342/34 of the Indian Penal Code, 1860 (hereinafter, "IPC ") and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, "POCSO ").

(2.) The facts, in brief, leading up to the filing of both the petitions are as follows:

(3.) Mr. Rajeev Kumar, learned Counsel for the Petitioner/Gaurav Malik in BAIL APPLN. 401/2022, submits that the Petitioner has been falsely implicated in the instant case, and that he runs a grocery shop and has been residing at his permanent residence for the past 20 years with his wife, children and aged parents. He states that the accommodation at Shivaji Enclave had been shown by the Petitioner to the prosecutrix in good faith, and that on 23/2/2020, the Petitioner received a call from the landlady, Ms. Menka Chaturvedi, that the prosecutrix had illegally trespassed into the property and was claiming that one Ranjeet had shifted them. He states that the prosecutrix had misbehaved with the landlady and police had been called, as a result of which the prosecutrix had been requested to vacate the property.