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2020 Supreme(Del) 185

BRIJESH SETHI
Subhash Chander – Appellant
Versus
State (Govt. of NCT Delhi) – Respondent


Advocate Appeared:
For the Petitioner:Mr. Akshay Chandra and Mr. Ishwar Singh, Advocates.
For the Respondent: Mr. Raghuvinder Verma, APP, with SI Renu.

JUDGMENT :

BRIJESH SETHI, J.

1. Vide this order, I shall dispose of an anticipatory bail application filed under section 438 Cr.P.C. on behalf of the petitioner Subhash Chander in FIR No. 46/2020 u/s. 376 IPC, PS Wazirabad.

2. Ld. Counsel for the petitioner has prayed for anticipatory bail on the ground that petitioner is innocent and has been falsely implicated. It is submitted that petitioner and complainant were in a live in relationship since 2014 and everything was consensual between them. The present FIR has been registered out of some misunderstanding or misconception of facts. It is submitted that complainant has compromised with the petitioner and she does not want any legal action on her FIR. The petitioner has already ready joined the investigation and in these circumstances, it is prayed that in the event of arrest, he be released on anticipatory bail.

3. Ld. Counsel for the petitioner, in support of its submissions, has relied upon Rajwant Singh @ Rinku vs. State, Bail Appl. No. 327/2016. However, the same is distinguishable on the basis of the facts and circumstances stated therein. Moreover, no straitjacket formula can be laid down while deciding bail application. Each c

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