RINKU Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case FIR No. 344/2023 of PS Nabi Karim for offences under Sec. 323/342/377/365/367/506/34 IPC and 67A IT Act. Broadly speaking, the allegation against the accused/ applicant is that along with his four accomplices (out of whom one has absconded while others are in jail), he abducted the victim and after taking off his clothes, beat him up; and thereafter they committed sodomy on the victim and also inserted penis of one of the assailants forcibly in his mouth while filming the entire assault. The video clicked by the accused persons was circulated by them on the social media.

(2.) Learned counsel for accused/applicant submits that the accused/applicant was not named in the first complaint sent by the victim to the Chief Justice of India. It is further submitted that the victim in his testimony before the trial court has not supported the prosecution case. Lastly, it is argued that for 'creation of defence", the accused/applicant has to come out of jail, so he may be granted bail.

(3.) Learned APP accepts notice and strongly opposes the bail application in view of the nature of allegations and one of the accused persons having absconded.