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2022 Supreme(Del) 451

RAJNISH BHATNAGAR
Manish Kumar – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jatin Kumar, Mr. Manish Kumar and Mr. Ashish Shukla.
For the Respondent: Mr. Amit Ahlawat, A.P.P., with SI Seema Bhati, PS Ashok Nagar.
For the Complainant :Ms. Tanya Agarwal, Advocate, from DHCLSC & Ms. Eliza.

JUDGMENT :

Rajnish Bhatnagar, J.

1. This is a petition filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in FIR No.585/2021 under Sections 376(2)(n)/377/328/506 IPC registered at P.S. New Ashok Nagar.

2. In brief the facts of the case are that the instant FIR No. 585/2021 dated 18.11.2021, U/s 376(2)(n)/377/328/506 IPC was registered at P.S. New Ashok Nagar, on the basis of Zero FIR No. 0001/21 dated 07.10.21 U/s 376(2)(n)/377/328/506 IPC registered at P.S. Seelampur, Delhi, which was lodged on the complaint of the prosecutrix. The prosecutrix has alleged that she met a boy namely Manish Kumar Mishra @ Monu (Petitioner herein) S/o Lai Bahadur Mishra R/o Pure Durgadeen Tiwari, Bahorikpur, Purabgaon, P.S Gauriganj, Amethi Distt, U.P., through Facebook on 05.08.2019 and thereafter, they started talking with each other. In the first week of September 2019, Manish called her to go to Dehradun for celebrating his birthday, to which she agreed and on reaching Dehradun, they checked in to a hotel where she was provided breakfast by Manish and after consuming it, she felt uncomfortable and she laid down on bed for rest but she fell asleep. After waking up, she found h

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