SHIVAM SONI Vs. STATE(GNCTD)

JUDGEMENT

(1.) This is an application filed under Sec. 438 read with Sec. 482 of Cr.P.C. seeking anticipatory bail in FIR No.635/2019 registered under Sec. 376 of IPC at Police Station Mukherjee Nagar.

(2.) In brief, as per the case of the prosecution, on 23/4/2019 WSI Anita received DD No. 28-A and the complainant/prosecutrix aged about 22 years narrated her about the incident of sexual assault by the accused/petitioner. The statement of the complainant/prosecutrix was recorded after due counseling. As per allegations, both complainant/prosecutrix and accused/petitioner are blind and they developed good relationship/friendship in 2018. The petitioner used to say that he wanted to be complainant's better half. The petitioner got job in State Bank of India in 2019 and in March, 2019 he hired a rented accommodation in GTB Nagar. On 19/4/2019, the petitioner called the complainant/prosecutrix at his rented accommodation and asked her to stay as he was not feeling well and thereafter tried to forcefully indulge and have sex with her. The complainant/prosecutrix denied for the same. Thereafter on 24/4/2019, accused/petitioner put sindoor on her head and established physical relations in the rented accommodation on the assurance of solemnizing marriage.

(3.) The application has been opposed by the learned APP for the State as well as the legal aid counsel representing the complainant/prosecutrix.