AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.13 dated 10.01.2020 registered under Section 4 of the Protection of Children from Sexual Offences Act, 2012 at Police Station Sector 56, Gurugram, District Gurugram.

(2.) Counsel for the petitioner has argued that as per the allegations in the FIR, registered at the instance of Ashish Gupta, he is residing in a flat and is having two children. The name of the elder son of the complainant is Aryan Gupta, who is aged about 15 years and is a student of class 10th. On the date of incident, at about 10:00 PM, one guard namely Vipin was on a duty and in his room, there was an electric heater and due to extreme cold weather, the son of the complainant namely Aryan Gupta, the victim came down to the ground at about 10:00 PM and went to the guard room where after 25-30 minutes, the petitioner - Amit, who was working as a Bouncer also came in the guard room. After 10-15 minutes, the son of the complainant left the said place and when he reached to the 3rd floor, in the meantime, the petitioner also came there through lift and grabbed the hand of the victim - Aryan Gupta and took him to 8th floor where he is having a rented room and thereafter, bolted the room from inside and by threatening the victim, did wrongful act with him forcefully. Thereafter, the son of the complainant managed to escape by unbolting the door and came to his house and informed the incident. The complainant, therefore, called the police and the victim was taken to the Civil Hospital, Gurugram and his medical examination was conducted.

(3.) Counsel for the petitioner has further argued that as per the MLR, the following observations was made:-