MANISH KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present application under Sec. 439 of the Code of Criminal Procedure, 1973 ('CrPC') seeks grant of regular bail in case FIR no. 366/2022, registered at PS Harsh Vihar on 8/7/2022, for offences under Ss. 376/506 of the Indian Penal Code, 1860 ('IPC').

(2.) The case of the prosecution, as stated in the chargesheet and status report dtd. 9/12/2022, authored by Inspector Balram Singh, SHO, PS Harsh Vihar, is that on 8/7/2022, the prosecutrix filed a written complaint against the present applicant alleging that on 10/2/2021, Manish, the present applicant, who was her friend and neighbour, took her to an OYO Hotel in Vaishali, Ghaziabad, Uttar Pradesh, and made physical relation with her, without her consent. It was further alleged that when the prosecutrix protested against the said act, the present applicant assured her that he would get married to her. Thereafter, allegedly the applicant used to often go to the house of the prosecutrix, when she was alone, and made physical relation with her on the false pretext of marrying her. However, he has now refused to marry her. The said complaint culminated into registration of the present FIR bearing no. 366/2022, for the offences under Ss. 376/506 of the IPC. After that, the medical examination of the prosecutrix was conducted at GTB Hospital.

(3.) Thereafter, the statement of the prosecutrix was recorded under Sec. 161 and 164 of the CrPC. In the said statement, she reiterated the above stated facts and further alleged that she was in a relationship with the present applicant and the applicant used to threaten her to make her photographs and videos viral. He allegedly also gave the photographs to her. Thereafter, on 10/7/2022, the applicant was arrested and sent to judicial custody.