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2022 Supreme(Del) 1113

RAJNISH BHATNAGAR
Mukesh – Appellant
Versus
State NCT Of Delhi – Respondent


Advocates appeared:
Sidharth Kapoor, Advocate, K.K.Ghei, Advocate

JUDGMENT

Rajnish Bhatnagar, J. - This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No. 92/2016 under Sections 354/452/376/506 IPC and 4/8 POCSO act registered at Police Station Shahbad Dairy, Delhi.

2. In brief the facts of the case are that the instant case was registered on the statement of victim 'a' aged 17 years, wherein she stated that she is residing at Shahbad Dairy, Delhi and is studying in Lai School in 9th class. She further mentioned that on 29.01.2016 at about 07:30-08:00 PM she was present at home alone and her mother Sumari Devi was present at the shop which is situated at some distance from her house. In the meantime, her neighbour Mukesh (Petitioner herein) entered her house and bolted the door from inside. Mukesh told her that he loved her and he will keep her with him. She asked Mukesh as to why he has come to her house but Mukesh started kissing her forcibly and touched her inappropriately. She tried to save herself but Mukesh tore her clothes. She further mentioned that her mother knocked the door but Mukesh fled away from the spot. Initially a case vide FIR No. 92/2016 under Sections 354/452 IPC and 7 POCSO act, P.S

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