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2023 Supreme(Del) 2044

AMIT SHARMA
Gagan Khokha – Appellant
Versus
State NCT of Delhi – Respondent


Advocates appeared:
Mr. Vaibhav Sharma, Ms. Urvashi Sharma & Ms. Rupali Jain, Advocates, for the Petitioner.
Mr. Utkarsh, APP, for the State.
Ms. Sanjana Antil, Advocate, for the Complainant.

JUDGMENT

Amit Sharma J. The present application under Section 438 of the Code of Criminal Procedure, 1973 (`CrPC') seeks grant of anticipatory bail to the applicant in event of his arrest in case FIR No. 210/2020 dated 21.09.2020, under Sections 323/342/376/354/450/454/506/509/34 of the Indian Penal Code, 1860 (`IPC') registered at PS Rajinder Nagar.

2. Briefly stated, the facts of the present case are as under:

i. An FIR under Sections 323/342/376 of the IPC was registered on 21.09.2020, upon a complaint wherein the complainant stated that she lives alone alongwith her old-aged mother. She alleged that the applicant and members of his family harassed and threatened her mother and herself, physically and mentally. It was alleged that the applicant forcefully entered their house by breaking open the door and windows. It was stated that she had already made a complaint to the police to the effect that if anything were to happen to her, the applicant shall be held responsible.

ii. She further alleged that on one occasion, the applicant entered their house by jumping over a wall on the back side and threatened to kidnap her, if she did not fulfill his wish to have sexual intercourse with

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