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2023 Supreme(Del) 372

AMIT SHARMA
Deepak Mandal – Appellant
Versus
State Govt. Of NCT Of Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anuuj Aggarwall.
For the Respondents: Mr. Aman Usman with S.I. Prem Prakash Singh, P.S. Subhash Place.

JUDGMENT :

[Amit Sharma, J.]

1. The present application under Section 438 of the Code of Criminal Procedure, 1973 ('CrPC') seeks anticipatory bail in case FIR 1031/2022, under sections 346/323/506/34 of the Indian Penal Code, 1860 ('IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO') registered at PS Subhash Place.

2. Ms. 'M', on 15.09.2022, filed a complaint addressed to the SHO, PS Netaji Subhash Place wherein she alleged that in the year 2013, she left her native village in Jharkhand for Delhi in search of work. She met one Ajay Mandal who put her to work somewhere in Gurugram. It was alleged that she was repeatedly raped by the present applicant and his brother-in-law, Ajay Mandal. Later, she discovered that she was pregnant. She alleged that thereafter, Ajay Mandal beat her and got her admitted to a private hospital and she was told that her child was stillborn. In the year 2017, she returned to her native place. After the said complaint was received, the complainant's statement was recorded wherein she repeated the allegations made in the aforesaid complaint. It was further stated that when she told Ajay Mandal that she wished to return h

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