ABHIJEET KUMAR Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) The Bail Application under Sec. 483 of the Bhartiya Nagarik Surkasha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') read with Sec. 528 of B.N.S.S. (earlier known as 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') read with Sec. 482 Cr.P.C.) has been filed on behalf of the Applicant for grant of Regular Bail in FIR No.526/2024 under Ss. 376/377/506/509/323 of the Indian Penal Code, 1860 ('IPC' hereinafter), registered at Police Station Samaypur Badli, Delhi.

(2.) It is stated in the Application that the Petitioner is in custody since 30/5/2024. It is submitted that the Complainant/Prosecutrix is a highly educated independent woman, aged around 24 years, open-minded and elder to the Applicant. The Applicant and the Complainant dated each other for quite long time and they were in deep love with each other. They had plans to get married and their families were aware about their relationship. Both of them used to travel out of Delhi on trips, including hill stations, Adventure Parks etc. and spent quality time together. They used to enjoy and cherish their time together as a happy couple. The Prosecutrix had expressed her love for the Applicant multiple times over WhatsApp, which shows no coercion or force in their relationship. Even on a few occasions the Prosecutrix insisted to go to OYO Hotels even though Applicant was evasive for the same. During such stays, she voluntarily produced her Identity Card and did not raise any concerns or made any complaint of any alleged misconduct to the police or any other authority, which demonstrates that their physical relationship was with mutual consent, free-will and love.

(3.) The Applicant has alleged that in May, 2024 he discovered that the Complainant/Prosecutrix was also dating someone else and regularly communicating with that person, which was quite traumatic for him. With an intention to resolve the misunderstanding, he met the Complainant in last week of May, 2024 when she broke all the ties with him. However, out of vendetta she filed the false and fabricated complaint and got the FIR registered against the Complainant. It is asserted that Applicant's promise of marriage was never false and he never seduced the Complainant to indulge in sexual acts. There is no evidence to suggest any coercion, force or assault on the part of the accused. He never blackmailed her to share her private photographs and has not annexed their photographs with this Petition but has sought liberty to produce the same at the time of arguments.