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2021 Supreme(Del) 2342

SUBRAMONIUM PRASAD
Sandeep Mourya – Appellant
Versus
State – Respondent


Advocates appeared:
Mohit Mathur, Advocate, Prakash, Advocate, Meenakshi Chauhan, Advocate, Zeenat Malick, Advocate

JUDGMENT

Subramonium Prasad, J. - This application filed under Section 438 Cr.P.C. is for grant of bail in the event of arrest of the petitioner in FIR No.44/2021 dated 28.01.2021 registered in Police Station Hauz Khas for offences punishable under Section 376 and 328 IPC.

2. The prosecutrix gave a complaint on 28.01.2021, stating as under:

    a) Her father, late Mukesh Kumar, suffered heart attack on the night of 02.01.2019 and he was taken to the Safdarjung Hospital where the petitioner herein was the duty doctor. It is stated in the FIR that during the course of the treatment, the petitioner came to the residence of the prosecutrix and gave his profile for the purpose of marriage and asked for the profile of the prosecutrix.

      b) It is stated that on 09.06.2020, the petitioner called the prosecutrix to come to Yusuf Sarai/Gautam Nagar so that they can get to know each other. She stated that she reached there at about 11 AM. It is stated that the petitioner told her that since she is interested in painting and sketching he will take her to his friend's flat. It is stated that the prosecutrix objected to come with him to the flat but the petitioner stated that his friend is also a doctor.

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