ARMAAN KHAN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) An application under Sec. 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred on behalf of the petitioner for grant of anticipatory bail in FIR No.532/2023 under Ss. 376/506 of Indian Penal Code, 1860 (IPC) registered at PS: Maidan Garhi, Delhi.

(2.) In brief, as per the case of the prosecution, complainant alleged that in August, 2023 she had met the petitioner through her friend 'V' who resides at Gurgaon. On the assurance of the petitioner that he loved the complainant and would marry her, he took her to Hotel Udman on 2/9/2023 and established physical relations on the pretext of marriage. In the evening of 2/9/2023, petitioner again took the complainant to Hotel Rivasa and established physical relations. Thereafter, physical relations were again established on 24/9/2023 at Hotel Rivasa. On 19/10/2023, petitioner called the complainant to meet but did not come. Thereafter, complainant reached the house of petitioner, wherein Anwar Khan (brother of the petitioner) threatened her. FIR No.532/2023 was accordingly lodged on the complaint of the complainant on 20/10/2023 and formal investigation was conducted.

(3.) Learned counsel for the petitioner submits that during the interim protection granted by learned ASJ, petitioner has already joined the investigation and is not required for custodial interrogation. Petitioner is further stated to be a victim of sextortion since earlier also the complainant had lodged similar complaints including against one Abhishek Chauhan, with whom the matter was settled for Rs.57,000.00. It is further submitted that petitioner had met the complainant in a midnight pub at Gurgaon and the physical relationship was consensual without any assurance of marriage.