SHUBHAM CHAWLA Vs. STATE

JUDGEMENT

(1.) By way of the present petition filed under Section 438 of the Criminal Procedure Code,1973 (hereinafter referred as 'Cr.P.C.') the petitioner seeks grant of anticipatory bail in respect of FIR No. 264/2017, under Section 354/323/341/506/427 of the Indian Penal Code, 1860 (hereinafter referred as 'IPC'), registered by P.S. Amar Colony, New-Delhi.

(2.) Briefly stated the facts of the case are that the complaint was lodged by Ketika/complainant alleging that on 07.07.2017 at around 09.30 am, when she was leaving for her coaching centre in an auto rickshaw, the petitioner came near the auto rickshaw, stopped her vehicle, pulled her out and asked her to come along with him. On her refusal to do so, the petitioner threatened her and even snatched her phone. Thereby the complaint was lodged by the complainant under Section 354/323/341/506/427 of IPC. Hence, the present petition.

(3.) The learned counsel for the petitioner contended that the present FIR filed against the petitioner is false and fabricated; that the petitioner and the complainant were in relationship with each other since two and a half years, which was not accepted by her parents and therefore, implicated him in a false case; that the petitioner was acting under the influence of her parents and is in constant touch with the petitioner even after the lodging of the FIR; that no ingredients of Section 354 is fulfilled so as to implicate the petitioner under the said section; that no custodial interrogation is required. Hence, under the said circumstances, the present petition should be allowed.