The court balanced the need for fair investigation and prevention of harassment in deciding on the grant of anticipatory bail.

JUDGMENT

Subramonium Prasad, J. - The petitioner has filed the instant petition under Section 438 Cr.P.C. for grant of bail in the event of arrest in FIR No.118/2021 dated 10.04.2021 registered at Police Station South Rohini for offences punishable under Sections 328, 389 and 34 IPC.

2. The brief facts leading to this bail application are as under:

a) A complaint was filed by one Rishab Jain (Complainant) stating that he has a business of marble and tiles and he runs a Shop at B-81, Marble market, Mangolpur Kalan, opposite Indian Bank, New Delhi. He stated that on 01.04.2021, one Nikhil Bhattal, whom the complainant knew, came to his shop and asked for some good quality marble stones/tiles for renovation of his residence and he insisted that the complainant must visit his house. It is stated that when the complainant visited the house of the said Nikhil Bhattal, he introduced the complainant to his girlfriend, lshu @ Bobby (the petitioner herein). It is stated that the petitioner lives with Nikhil Bhattal. It is stated that the petitioner offered a soft drink to the complainant. It is stated that after consuming the drink the complainant started feeling dizzy. It is stated that the said Nikhil Bhattal asked the complainant to take rest and he left the room. It is stated that after Nikhil Bhattal left the room the petitioner herein came close to the complainant and started rubbing his head and thereafter the complainant became unconscious. It is stated that when the complainant regained consciousness he was shocked to see that the petitioner was rubbing his private part. It is stated that the complainant went outside the room. It is stated that when Nikhil Bhattal came back, the complainant narrated the incident to him. It is stated that on hearing about the incident Nikhil Bhattal got furious and broke the phone of his girlfriend. It is stated in the complaint that thereafter demands for a mobile phone, a TV and Rs.2,00,000/- in cash were made and the complainant was threatened that if demands are not met the petitioner herein would file a case of rape against the complainant. It is stated that after the incident the complainant was called more than 25 times for payment of money. The complainant also produced various voice recordings to substantiate that the petitioner and Nikhil Bhattal are demanding money from the complainant and threatening him that if their demands are not met a case of rape would be filed against the complainant. FIR No.118/2021 dated 10.04.2021 was registered at Police Station South Rohini for offences punishable under Sections 328, 389 and 34 IPC.

b) It is pertinent to mention here that the petitioner and Nikhil Bhattal also filed a complaint against the complainant herein, being FIR No.119/2021, dated 10.04.2021, for offences under sections 376/506 IPC.

c) The co-accused Nikhil Bhattal was arrested on 11.04.2021. He has been granted bail by this Court vide order dated 22.07.2021 in BAIL APPLN. 1520/2021.

d) The petitioner filed an application for anticipatory bail, being Bail application No.2776/2021, before the learned Sessions Judge, North West District, Rohini Courts, which was rejected vide order dated 30.07.2021.

e) The petitioner has, thereafter, approached this Court by filing the instant bail application.

3. Notice was issued on 04.08.2021. Status Report has been filed. The Status Report indicates that in the voice recording the petitioner herein is also heard demanding a TV and a Mobile phone from the complainant. It is also mentioned in the Status Report that the petitioner is being heard threatening the complainant of dire consequences. It is stated in the Status Report that the petitioner has no permanent address and her mobile phone is also switched off. It is stated in the Status Report that despite making all efforts the Police has not been able to arrest find the petitioner and she is evading arrest.

4. Heard Mr. Viraj Datar, learned Senior Counsel for the petitioner, Mr. Rahul Chandlok, learne