SHASHANK Vs. STATE(GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) Petitioner seeks anticipatory bail in FIR No. 39/2019 under Section 354-D/323/427/506 of IPC and Section 12 of POCSO Act, Police Station Defence Colony.

(2.) The prosecutrix is aged 17 years and 11 months and a student of a college in South Delhi. It is contended that she knew the petitioner for the last 3-4 years and was in touch with him over Facebook and social media. It is alleged that recently prior to lodging of the FIR she stopped talking to him because of his bad behaviour. It is further alleged that thereafter he starting following her and would stop her with an attempt to talk to her. When she refused, he would hit her. It is alleged that on the day of the incident when she was coming from her college, he stopped her on the way and snatched her mobile phone and broke it and thereafter slapped her.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that the petitioner and the prosecutrix were friends for many years and the allegations that she had stopped talking to him and thereafter he had been following her are incorrect as even up to the day of the incident including on the day of the incident they were in touch through social media. Learned counsel submits that the parties had met and spent some time during the day and the subject FIR has been registered by the prosecutrix under pressure from her family.