RANI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present application has been filed under Section 439 of Cr.P.C. seeking Regular Bail in case FIR No. 170/2017 under Section 365/387/377/379/506/332/34 Indian Penal Code, 1860, registered at Police Station Baba Haridas Nagar, New Delhi.

(2.) The instant case was registered on the complaint of the Ramesh Khatri alleging that on 28.08.2017 at about 9: 00 PM he received a call from the applicant to meet her at Nangloi Stand, Najafgarh; that the complainant reached there in his car and the applicant sat on the front seat in the car and asked the complainant to accompany her to her house; that when he refused, two other co-accused came and sat on the rear seat and compelled the complainant to drive on their directions whereas two other co-accused followed them on bike; that accused persons forcibly took the complainant to a rented accommodation where he was confined and beaten up by accused persons; that one of the accused person had unnatural sex with the complainant, videographed the incident and the accused persons including the applicant demanded Rs. 23 Lacs on the ground that they would upload the said video on social media and defame him if their demand is not fulfilled; that the complainant was robbed of Rs. 85,000/-, ATM card, PAN card and a gold ring which were lying in his car.

(3.) Mr. Arpit Bhalla, learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case; that there is an unexplained delay of 3 days in reporting the incident to the police; that there is no medical report to support the claim of the complainant; that the allegation under section 377 IPC unnatural sex as alleged by the complainant does not constitute against the applicant; that the incident occurred in a crowded place which suggests that the complainant has voluntarily accompanied the applicant; that the complainant himself stated in the FIR that gold ring, cash and ATM were lying in his car which shows that the allegation of stealing these articles is a part of the concocted story of the complainant.