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2023 Supreme(Del) 1923

AMIT MAHAJAN
Vivek Pandey – Appellant
Versus
State Govt. of NCT Delhi – Respondent


Advocates appeared:
Jatan Singh, Siddharth Singh & Tushar Lamba, Advocates, for the Appellant.
Ms. Richa Dhawan, APP, for the State, SI Sandeep, PS Palam Village.
Shakti Narayan & Ms. Neelima Bagoria, Advocates, for the Complainant along with Complainant.

JUDGMENT

1. The present application under Section 439 of Code of Criminal Procedure, 1973 ("Cr.P.C.") is filed seeking regular bail in FIR No. 566/2022, dated 24.08.2022, under Sections 376/509/506 of Indian Penal Code, 1860 ("IPC"), at Police Station Palam Village.

2. The FIR was registered on a complaint by the prosecutrix alleging that the applicant raped her on the pretext of marriage.

3. It is alleged that the applicant was looking for a job. He met the prosecutrix during his visit to her office, situated at Chamber No. 5, Pusa Road, Rajendra Place, where she was working as a HR Manager. The two started meeting each other frequently and this culminated into a relationship between them. They also established physical relations with each other. The applicant promised to marry the prosecutrix and in the pretext of the same, also established forceful physical relations with her. During the course of relationship, the prosecutrix also got pregnant and was forced to take abortion pills by the applicant.

4. Later, the applicant refused to marry the prosecutrix and established relations with other women, which led to registration of the FIR by the prosecutrix. The applicant was ar

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