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2023 Supreme(Del) 1079

AMIT SHARMA
Manish Kumar – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Ridam Tyagi, Advocate, for the Petitioner.
Ms. Manjeet Arya, APP for State with ASI Dayawati, P.S. Harash Vihar.

JUDGMENT

Amit Sharma, J.

1. The present application under Section 439 of the Code of Criminal Procedure, 1973 ('CrPC') seeks grant of regular bail in case FIR no. 366/2022, registered at PS Harsh Vihar on 08.07.2022, for offences under Sections 376/506 of the Indian Penal Code, 1860 ('IPC').

2. The case of the prosecution, as stated in the chargesheet and status report dated 09.12.2022, authored by Inspector Balram Singh, SHO, PS Harsh Vihar, is that on 08.07.2022, the prosecutrix filed a written complaint against the present applicant alleging that on 10.02.2021, Manish, the present applicant, who was her friend and neighbour, took her to an OYO Hotel in Vaishali, Ghaziabad, Uttar Pradesh, and made physical relation with her, without her consent. It was further alleged that when the prosecutrix protested against the said act, the present applicant assured her that he would get married to her. Thereafter, allegedly the applicant used to often go to the house of the prosecutrix, when she was alone, and made physical relation with her on the false pretext of marrying her. However, he has now refused to marry her. The said complaint culminated into registration of the present FIR be

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