JUDGMENT

Rajnish Bhatnagar, J. - By way of this order, I shall dispose of the present bail application filed under Section 439 Cr.P.C. on behalf of the petitioner for grant of regular bail in case FIR No. 314/2020 registered under Section 376/328/354A/506/509/34 IPC at Police Station Dwarka South.

2. Briefly stated, the allegations against the petitioner are that on 05.08.2020, a PCR call regarding rape was received in Police Station and the above mentioned case was registered on the complaint of victim "V" aged about 28 years. In her complaint, she had levelled the allegations against the petitioner/accused for molestation & committing rape upon her in June 2017. She further disclosed that she had joined the Eldorado Events Company of petitioner in February, 2017. Petitioner used to take her in events meetings. One day in June 2017, petitioner called the victim at Sector-9, Dwarka Metro Station as they had to attend the meeting in Dwarka. On this, petitioner picked her up from Sector-9 Dwarka Metro Station in his car (later on the vehicle number i.e. UP14 CS 7289 was provided by the victim). Petitioner gave her adulterated water to drink and after consuming she started feeling dizzy. After that petitioner parked his car at an isolated place near Sector 9 Metro Station and committed rape with her at the back seat of his car. The same day petitioner also took her to Roseate House Hotel, Aerocity IGI Airport, New Delhi where he had already booked a room and again committed rape with her. The accused had earlier molested the victim at hotel Lineage in Lucknow in April 2017. She further alleged that on several occasions petitioner passed vulgar comments about her private parts and asked for sexual favours.

3. I have heard learned counsel for the petitioner, learned APP for the State and have perused the status reports filed by the State.

4. It is submitted by learned counsel for the petitioner that the bare perusal of the FIR would clearly show that it has been filed belatedly with the sole aim to involve the petitioner in a false and fabricated case. It is further submitted that the alleged incident took place in the month of June, 2017, but the present FIR has been registered only on 05.08.2020 and there is no explanation for such delay. He further submitted that the complaint is made by the victim/prosecutrix under legal advice which clearly shows that she is playing in the hands of somebody. It is further argued that there are glaring discrepancies in the statements of the complainant recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C. It is further submitted that the victim/prosecutrix has been filing false and frivolous complaints with regard to threats being extended to her at the instance of the petitioner. It is further submitted that the victim/prosecutrix has even not mentioned the correct dates of their alleged stay at Lineage Hotel, Lucknow, which further shows untruthfulness of the victim/prosecutrix. It is further submitted that the victim/prosecutrix had been reluctant to get herself medically examined and she even did not verify the place of occurrence of the alleged crime, but after much delay the victim got herself medically examined and verified the place of alleged crime. It is further submitted that the petitioner is suffering from severe medical condition of fibrosis which makes difficult for him to perform his daily chores. It is further stated that the accused is in Judicial Custody since 12.08.2020 and is not required for any investigation purpose. Charge sheet has already been filed.

5. Learned APP for the State has argued on the lines of his status report. It was argued by learned APP for the State with due assistance from learned counsel for the victim/prosecutrix that the allegations against the petitioner are serious in nature. He submitted that the case had been transferred to Crime Branch and there are threats to the life of the victim/prosecutrix. It is further argued that the petitioner h