BAIL APPLN.--1913/2019. Case: Abhishek Kumar Vs. The State of Delhi. High Court of Delhi (India)
| Case Number | BAIL APPLN.--1913/2019 |
| Citation | NA |
| Judgement Date | October 11, 2019 |
| Court | High Court of Delhi (India) |
* IN THE HIGH COURT OF DELHI AT NEW DELHI Order reserved on: 06.09.2019 Order pronounced on: 11.10.2019
+ BAIL APPLN. 1913/2019
Abhishek Kumar ..... Petitioner
Through: Mr. Lokesh Kumar Mishra and Himanshu Sharma, Advocates
versus
THE STATE OF DELHI ..... Respondent
Through: Mr G.M.Farooqui,
APP for State alongwith W/SI Rekha Chauhan,
P.S. N.A. Nagar.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
O R D E R %
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Vide this order, I shall dispose of anticipatory bail application filed on behalf of the petitioner Abhishek Kumar under section 438 Cr.P.C. r/w. section 482 CrPC.
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Brief facts for disposal of the application are that an FIR No. 300/19 dt. 21.05.19 u/s. 376/328/313/506 IPC was registered on the statement of complainant in which she alleged that she had come in contact with the applicant through mobile app “happen” and friendly relations had developed between them. She further alleged that
accused had proposed to marry her in Nov. 2017 and she had accepted the proposal. However, on false pretext of marriage, applicant has established sexual relations with her for the last two years in his rented premises in new Ashok Nagar In Feb. 2019 when she became pregnant, the petitioner gave her pills to abort the child. It is further alleged that on 11.04.1019, she was made to drink alcohol by the applicant and thereafter he had raped her and prepared an obscene video. Her statement under Section 164 CrPC was also recorded on 22.05.2019 by the Court of Ms. Sujit Saurabh, MM, Delhi, in which she corroborated the facts narrated in the FIR.
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Learned counsel for the petitioner has prayed for anticipatory bail on the ground that petitioner is innocent and falsely implicated. He has clean antecedent. The present FIR has been registered by the complainant with the sole intention to extort money. The victim is already married to one Rambir Rajput and her divorce with him by mutual consent has taken place on 14.05.2019 only and, therefore, her claim that the petitioner has obtained her consent on the pretext of marriage is absolutely false. Even the statement of husband of the complainant namely Ranbir Singh has been recorded by the
investigating agency. Ld counsel has further submitted that complainant/victim had claimed that she is unmarried and had proposed to the petitioner for marriage. Thus, in fact the petitioner has been cheated by the prosecutrix on false pretext of marriage. It is further submitted by Ld counsel that as per FIR, the victim is in...
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