JOY DEV NATH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present application has been filed under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") on behalf of the petitioner/applicant praying anticipatory bail in FIR bearing No. 1251/2021 registered under Police Station Nihal Vihar, Delhi for offence punishable under Ss. 376/506 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and Ss. 3 (1)(r) and 3(1)(s)of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "SC/ST Act").

(2.) As per the FIR the prosecution story is as follows:

(3.) Mr. Amit Yadav, learned counsel appearing on behalf of the Petitioner submitted that the Petitioner/Applicant has been falsely implicated in the present case with a view to harass Petitioner/Applicant. It is submitted that there are several material contradictions in the statements of the complainant, the Petitioner/Applicant never abused or passed any casteist remarks against the Complainant in the public or otherwise. Hence no offence under SC/ST Act is made out against the Petitioner/Applicant. There is also an extraordinary delay in lodging the instant FIR without any explanation.