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2022 Supreme(Del) 1302

SUBRAMONIUM PRASAD
Rajesh Suri @ Raj Suri – Appellant
Versus
State – Respondent


Advocates appeared:
N. Hariharan, Advocate, Siddharth S. Yadav, Advocate, Samarth K. Luthra, Advocate, Akriti Gupta, Advocate, Richa Kapoor, Advocate, Malvika Trivedi, Advocate, Rajeev Kumar, Advocate

JUDGMENT

Subramonium Prasad, J. - This petition has been filed under Section 438 Cr.P.C., seeking grant of anticipatory bail in FIR No. 668/2020 dated 31.10.2020 registered at P.S. Moti Nagar under Sections 376/328 of the Indian Penal Code, 1860 (hereinafter, 'IPC').

2. The facts, in brief, leading up to this petition are as follows:

    a) It is stated that the prosecutrix is a housewife who joined a social media website as a means of comfort because she was living with a husband who was short-tempered. Two years before the FIR was registered, she received a friend request from one Raj Suri (the Petitioner herein) and they soon exchanged mobile numbers. The Petitioner disclosed that he was disturbed on account of his wife's death and became emotionally close to the prosecutrix. The Petitioner would ask the prosecutrix to meet him often, however, she was not inclined to do so. It is stated that on 28.10.2020, the Petitioner requested the prosecutrix to meet him as he wished to discuss something that could not be conveyed over the phone. The prosecutrix met him and the meeting concluded safely.

    b) It is stated that on 30.10.2020, the prosecutrix received a call from the Petitioner who info

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