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2020 Supreme(Del) 1033

ANUP JAIRAM BHAMBHANI
Dharmander Singh @ Saheb – Appellant
Versus
State (Govt. of NCT, Delhi) – Respondent


Advocates Appeared:
Vagisha Kochar, Advocate, Neelam Sharma, Advocate

JUDGMENT

Anup Jairam Bhambhani, J. - The applicant, who is stated to be about 24 years of age, is an accused in case FIR No. 471/2018 dated 14.10.2018 registered under sections 323/343/363/366A/376/506 IPC read with sections 6/21 of the Protection of Children from Sexual Offences Act 2012 (''POCSO Act'', for short) at PS: Hari Nagar ; and has been in judicial custody since 17.11.2018.

2. By way of the present application under section 439 of the Code of Criminal Procedure, 1973 (''Cr. P.C.'', for short), the applicant seeks regular bail.

3. Briefly, the factual backdrop that has led to filing of the subject FIR is that the applicant and the complainant/prosecutrix became friends through Facebook about 02 years back in 2016, which friendship, it is alleged, culminated in physical intimacy between the two.

4. The FIR recites that the applicant made physical relations with the complainant at his residence and also made a video of the act; whereafter, the allegation goes, the applicant started calling the complainant to his house time-and-again to engage in physical relations. It is further alleged that on 25.04.2018, when the complainant was visiting her village, the applicant called h

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