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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Akshay Rawat - Appellant
Versus
State, Govt.Of NCT Of Delhi - Respondent
Bail Application No. 1112 of 2021, Criminal Miscellaneous Application No. 9865 of 2021
Decided On : 22-03-2022
Bail - Offences under Sections 376, 323 and 506 IPC - [HONEY TRAP] - [Indian Penal Code] - [Sections 376, 323, 506, 384, 389, 120B] - The court discussed the allegations of rape and extortion, the evidence of financial transactions, and the signed declaration by the complainant agreeing to settle the case for 20 lakh rupees. The court considered the gravity of the offence, evidence, and the petitioner's roots in society before granting bail with stringent conditions.
Fact of the Case:
The petitioner seeks bail in a case involving allegations of rape and extortion. The complainant met the petitioner on Snapchat, was taken to his house, and allegedly raped. The petitioner's brother filed complaints alleging extortion by the complainant. The petitioner's bail was rejected, and a cross FIR was lodged by the petitioner against the complainant.
Finding of the Court:
The court considered the evidence of financial transactions, the signed declaration by the complainant, and the gravity of the offence before granting bail to the petitioner with stringent conditions.
Issues: Allegations of rape and extortion, evidence of financial transactions, and the signed declaration by the complainant.
Ratio Decidendi: The court considered the gravity of the offence, evidence, and the petitioner's roots in society before granting bail with stringent conditions.
Final Decision: The court granted bail to the petitioner with stringent conditions, considering the evidence and the gravity of the offence.
JUDGMENT
Subramonium Prasad, J. - Petitioner seeks bail in FIR No. 367/2020 registered at PS Malviya Nagar for offences under Sections 376, 323 and 506 IPC. Petitioner was arrested on 1.9.2020.
2. The facts, in brief, leading upto the present petition are as follows-
i. a written complaint was made to the S.H.O. PS Malviya Nagar on 1.9.2020 that the complainant met the Petitioner on Snapchat and he had introduced himself as aarav Chaudhary working as a pilot in Indigo airlines and they started talking. The Petitioner asked her to meet him for dinner, picked her up from Krishna Mandir Khirki Extension and took her to Murthal for dinner. It is stated that on the way to Murthal, the petitioner said that his car was punctured and stopped the car on the highway and told her that until the tire was replaced, they could eat at Haldirams, to which the complainant became uncomfortable and told him she wanted to go home.
ii. It is stated that the behavior of the Petitioner changed at this juncture, he threatened her and took her to his house at BPTP Park Floor 1, House No. 001 Block G Faridabad Sector 77 and forced her to drink alcohol due to which she vomited. It is stated that the petitioner took her phone away, abused and beat her, and raped her. It is stated that Petitioner took explicit videos of her and took a knife and wrote the initial alphabet of his name on her body and rubbed salt in it. It is stated that the Petitioner threatened to kill her.
iii. It is stated that the next morning abhishek, the brother of the Petitioner, came to the flat. On reaching, there was an altercation between the Petitioner and his brother abhishek. abhishek booked a cab for the complainant to leave. It is stated that before she left, the Petitioner threatened her with dire consequences of making her videos viral and told her to keep quiet about what happened. It is stated that when the complainant said she will complain to the police, the Petitioner allegedly said that she can do anything as the MLa of the area is known to him and the Police cannot do anything. It was stated that the complainant did not know how to write a complaint and made her friend write the complaint for her. Based on this information, FIR No. 367/2020 was registered.
iv. The MLC of the complainant was conducted vide MLC No. 6465/2020 at aIIMS on 31.8.2020.
v. The statement under Section 164 CrPC of the complainant was recorded by the Ld. MM, Saket District Court on 1.9.2020. Supplementary statement of the complainant was recorded on 2.9.2020 wherein she confirmed the averments in the FIR.
vi. Investigation was done by the Police. The CDR of the Petitioner and the complainant was summoned from the nodal officers to ascertain their locations on the date of the incident. It was seen that the Petitioner and complainant were talking since 27.8.2020 and their locations were of the same place on 30.8.2020. The ownership details of the Honda City car bearing registration number DL-3C-Ba-3718, in which the Petitioner allegedly took the complainant to Murthal, was found to be registered in the name of one Sonia Soin, r/o Kailash Hills, New Delhi which had been transferred to Tarun Bajaj r/o Uttam Nagar and from him transferred to abhishek Rawat, i.e., brother of the Petitioner. The statement of the OLa cab driver who transported the complainant from the Petitioner's house in Faridabad to Malviya Nagar after one day of the incident, on 31.8.2020, was recorded under Section 161 CrPC.
vii. abhishek Rawat, brother of the Petitioner, filed a complaint against the complainant on 12.02.2021 before S.H.O. Tigaon Police Station and on 13.2.2021 to the Commissioner of Police. In the complaints, it is stated that on 31.8.2020 when he reached his rented apartment i.e. House No.1 First Floor, Block F, BPTP Park, Sector 77 Faridabad, he saw his brother the Petitioner with a girl sitting in bed, eating an omelet and when he did not get a satisfactory answer about who the girl was, he slapped the petitioner
AI
The court considered the gravity of the offence, evidence, and the petitioner's roots in society before granting bail with stringent conditions.
The court emphasized the seriousness of both allegations and counter-allegations while granting bail, balancing the accused's community ties against the nature of the accusations.
The court's decision highlighted the importance of considering the totality of facts and circumstances, including the delay in filing the FIR, inconsistencies in the victim's allegations, and the pet....
The consensual nature of the relationship, the age of the accused and the prosecutrix, and discrepancies in the statements given at different times are crucial factors in considering bail under POCSO....
Criminal Law - Statement of victim – Admissibility of - Statement of victim recorded U/s P.C is concerned, this is not stage to analyze such improvements and to form an opinion because at this stage,....
The main legal point established in the judgment is the need to balance the accused's liberty and the necessity of a fair trial, while also ensuring the safety of the victim and witnesses.
The seriousness of the offence, cooperation with the investigation, and the need for custodial interrogation when the accused does not provide necessary information.
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