YOGENDER YADAV Vs. STATE

JUDGEMENT

(1.) By this petition the Petitioner seeks bail in case FIR No. 49/2013 under Sections 376/328/506 IPC registered at PS Prashant Vihar, Delhi. Learned counsel for the Petitioner states that though the allegations of rape are not substantiated as the aborted foetus of the Complainant was sent for DNA analysis and the same did not match to the DNA alleles of the Petitioner. Further there is delay in registration of the FIR as the alleged incident took place on 15th December, 2012 and the FIR was registered in January, 2013.

(2.) I have heard learned counsel for the parties.

(3.) The allegations as set out in the FIR by the Complainant are that on 15th December, 2012 she returned from Indore after appearing in B.Ed. Examination. The Petitioner who is a friend received her at Nizamuddin Railway Station and accompanied her to her house at Village Rajpur, where no one else was present. She prepared tea and offered to the Petitioner. Thereafter she went to fetch water for the Petitioner. After she had tea however, she lost her senses. When she regained her senses she the found herself in naked condition. Later the Petitioner threatened her to upload her. obscene visuals on internet if she reports the incident to anyone. Finally, she reported the incident on 23rd January, 2013 and on ultrasound test and other examination she found that she was pregnant.