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2021 Supreme(Del) 310

SUBRAMONIUM PRASAD
IN THE MATTER OF: Divakar Choudhary – Appellant
Versus
State Of NCT of Delhi – Respondent


Advocate Appeared:
For the Appellant :Ms. Tanya Agarwal and Mr. Kamlesh Kumar Mishra, Advocates
For the Respondent:Ms. Kusum Dhalla, Ms. Rakhi Dubey, Advocate

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. This petition under Section 438 Cr.P.C is for grant of bail to the petitioner in the event of arrest in FIR No. 836/2020 dated 17.12.2020, registered at Police Station Samaypur Badli, Delhi for offences under Sections 376/323/509/34 IPC.

2. The FIR has been registered on the following averments made by the prosecutrix:

    a) It is stated by the prosecutrix that she was introduced to the petitioner herein in May, 2017 by her aunt and since then they were friends. It is alleged that the petitioner used to call the prosecutrix and they used to meet like normal friends. It is stated that one day in October, 2018 the petitioner called the prosecutrix to Karol Bagh, outside his office and proposed marriage to her but she refused. It is stated that dspite refusal, the prosecutrix and the petitioner used to talk regularly on phone. It is stated that during this period the petitioner told the prosecutrix that if she does not marry him, he will die. It is stated that fearing that the petitioner might kill himself the prosecutrix gave her consent to marry to the petitioner. It is stated in the complaint that on 13.04.2019, the petitioner called the prosecutrix to

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