KRISHAN GABA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Sec. 438 Cr.P.C for grant of anticipatory bail in case FIR No. 260/2023 U/s 376/377/504 IPC registered at Police Station Shalimar Bagh.

(2.) Briefly stated, the facts of the case as per the allegations made by the prosecutrix are that the prosecutrix and the petitioner were known to each other for quite some time and they became good friends. As per the allegations, the petitioner took the prosecutrix into confidence saying that he would marry her. On 17/6/2021, petitioner took the prosecutrix to Arya Samaj Temple, Mori Gate, Delhi for marriage and thereafter they started living together. During this period, petitioner established forceful physical relations with the prosecutrix. Prosecutrix made efforts to persuade the petitioner to get the marriage registered but the petitioner kept on delaying the same.

(3.) It is further alleged by the prosecutrix that the petitioner with the help of his friend, took her nude photographs and threatened her to have physical relations with him and his friend or they would publicize her nude photographs. Thereafter the petitioner and his friend established physical relations with the prosecutrix under the threat of publicizing her nude photographs. The prosecutrix got pregnant but the petitioner forcibly gave her abortion drugs. In the second month of the year 2023, the petitioner started avoiding the prosecutrix.