(1.) The applicant vide the present application under Sec. 438 Code of the Criminal Procedure, 1973 is seeking anticipatory bail in FIR No.0255/2023 dtd. 20/6/2023 registered under Ss. 328/376/506 of the Indian Penal Code, 1860 [IPC] at P.S. Fatehpur Beri, Delhi.
(2.) As per FIR, the complainant/ prosecutrix [complainant] and the applicant got introduced to each other through an online dating application thereafter, on 13/6/2023, the complainant went to meet the applicant at Central Secretariat Metro Station, Delhi, whereafter, she went to the house of the applicant whence he stated that he had some work pending therein, thereafter she was offered a soft beverage alongwith some food, after having the same, the complainant felt dizzy and during that half awake state, the applicant did some acts of sexual misconducts upon her. Thereafter, she managed to escape therefrom and lodged the present FIR.
(3.) The learned counsel for the applicant seeking grant of anticipatory bail submits that the applicant had lodged a complaint vide D.D. No. 93A dtd. 16/6/2023 at P.S. Fatehpur Beri about theft of mobile phone and other valuable items from his house by the complainant, a week prior to the registration of the present FIR and the same is an afterthought and a counter blast to the aforesaid complaint, moreover, the complainant has made various transactions on e-commerce websites from the credit/ debit card of the applicant.