The main legal point established in the judgment is that the decision to grant anticipatory bail was influenced by the evidence presented, lack of requirement for further custodial interrogation, and completion of the investigation.

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 her.

iii. The complainant further alleged that Devendra Khokha, father of the applicant, who is also co-accused in the present FIR, followed her while she was walking home and passed sexually colored remarks. It was also alleged that the applicant and members of his family threatened that they will physically hurt the complainant's mother if she does not act as per their wishes.

iv. The complainant alleged that on 20.09.2020, the applicant followed her to her house, pushed her due to which she fell and sustained some injuries on her back. Thereafter, the applicant bolted the front door of the house and dragged her into a room and tried to have sexual intercourse with her. It was further stated that when the complainant told him that she had already informed the police, the applicant ran away. Later, members of the applicant's family came over to her house and threatened her with dire consequences if she disclosed the incident to anyone.

v. The statement of the complainant under Section 164 of the CrPC was recorded on 23.09.2020 in which she repeated the allegations made in the complaint.

vi. During the course of investigation, the medical examination of the complainant was conducted on 20.09.2020, at Dr. Ram Manohar Lohia Hospital, New Delhi wherein it was recorded that no visible external injuries were noted. She submitted herself for an internal examination as well. The samples taken were sent to the Forensic Science Laboratory, Rohini, Delhi ('FSL') for analysis. The result of testing of the said samples was as under:

vii. "exhibit-Cervical swab of complainant, Vaginal swab and slides of complainant and lower i.e. pyjama of complainant were subjected to DNA isolation. DNA was isolated from the source of exhibits. Identifier Plus PGR amplification kit was used for STR amplification and data was analysed by using Gene-Mapper IDx software. No male DNA profile was generated from the source of exhibits." Chargesheet in the present case was filed on 08.02.2022, under Sections 323/342/376/354/450/454/506/509/34 of the IPC.

viii. The learned Additional Sessions Judge/SFTC-02 (Central), Tis Hazari Courts, Delhi framed charges against the applicant for offences punishable under Sections 376/509/457/342/354/506/323/34 of the IPC vide order dated 16.08.2022.

3. Learned counsel appearing on behalf of the applicant submitted that the latter has been falsely implicated in the present case. The applicant, Gagan Khokha was stated to reside separately from his parents, at a house in Patel Nagar, which is nowhere near the residence of the complainant. The applicant has placed on record, residential proof with regard to the same. It was submitted that the complainant began visiting the home of the applicant's father around May 2019, in order to take care of his ailing mo