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2023 Supreme(Del) 1462

SWARANA KANTA SHARMA
Mahesh Kumar – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
Mr. I.A. Siddiqui, Advocate alongwith petitioner in person.
Mr. Satish Kumar, APP for State with SI Ajay Sharma, PS Kalyanpuri.

JUDGMENT

Swarana Kanta Sharma, J. (Oral)--The instant application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of accused/applicant seeking grant of regular bail in case FIR bearing no. 181/2021, registered at Police Station Kalyanpuri, Delhi for offences punishable under Sections 363/376 IPC (`IPC') and Section 6 of Protection of Children from Sexual Offences Act, 2012 (`POCSO Act').

2. Brief facts of the case are that on 30.04.2021, a complaint was received by the police lodged by sister of the prosecutrix `X' that she was missing from home. Investigation in this case was conducted and during investigation, it transpired that she used to speak to the present accused/applicant whose mobile phone number was provided to the police. The Call Detail Record (CDR) of the said mobile phone number was obtained and analysis of the same revealed that the location of the mobile phone was at Delhi on 23.04.2021 and in Chennai, Tamil Nadu on 25.04.2021. On the basis of CDR location analysis, the prosecutrix was recovered from Chennai who informed the police that she had come with the accused out of her own free will. The p

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