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2021 Supreme(Del) 718

ANU MALHOTRA
Luxmikant – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocate Appeared:
For the Petitioner:Mr. Virender Pratap Singh Charak, Mr. Shubhra Parashar, Mr.Pushpender Singh Charak, Mr. Ram Pal Singh Tomar, Advocates.
For the Respondent: Ms. Aashaa Tiwari, APP for State with SI Parmjit Singh, PS Prem Nagar.

JUDGMENT :

Anu Malhotra, J.

1. The applicant, vide the present application seeks the grant of bail in relation to FIR No.554/2020, PS Prem Nagar under Sections 323/363/366/376D/199 of the Indian Penal Code, 1860 r/w Section 12 of the POCSO Act, 2012 and Section 67 of the IT Act, 2020 submitting to the effect that he has been incarcerated since 27.12.2020 and has been falsely implicated in the instant case and that he is wholly innocent.

2. Notice of the application was issued to the State as well as to the prosecutrix.

3. The prosecutrix was present in person on 22.11.2021 and opposed the bail application of the applicant.

4. The status report dated 11.11.2021 was submitted by the State under the signatures of the SHO, PS Prem Nagar along with the copy of the statement under Section 164 of the Cr.P.C., 1973 of the prosecutrix dated 27.12.2020.

5. The applicant has submitted that the relations between the applicant and the prosecutrix were wholly consensual and that the prosecutrix was in fact his wife and it is because the prosecutrix wanted a mutual consent divorce only two months after the marriage because of a rift between the parties and as the applicant/petitioner was not inclined f

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