The decision to grant bail was based on the overall facts and circumstances of the case, including the discrepancies in the prosecution's case and the accused's complaints regarding threats and intimidation.

JUDGMENT

Swarana Kanta Sharma, J. 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 applicant seeking grant of regular bail in case FIR bearing no. 138/2022 registered at Police Station Tughlak Road, Delhi for the offences punishable under Sections 376/417/506 of the Indian Penal Code, 1860 (`IPC).

2. Brief facts of the present case are that on 23.09.2022, an information was received vide DD No. 10A received at Police Station Tuglak Road, New Delhi. After that, W/SI Kamini Saini had met the complainant and had recorded her statement before a representative of NGO present at the Police Station. Complainant had informed the IO that she was married to one Jagbir Singh, however, due to dispute with him she is presently residing with her mother. She further complained that she was in search of a job and was residing at one of her friend's house at M-54 Krishna Vihar for the last few days. On 12.09.2022, she had met the present accused/applicant at a tea canteen on 5th floor of Jawahar Bhawan Janpath, New Delhi who had promised to help her in getting job and they had further exchanged phone numbers. Thereafter, at applicant/accused request, she had sent her resume to him on his mobile phone. On 19.09.2022, applicant/accused had again called her and had asked to meet her at Jawahar Bhawan Janpath, New Delhi. At his request, the complainant had gone to a park near Jawahar Bhawan Janpath, New Delhi. However, since no one came there she had left for her house. On 22.09.2022, he had again called her and had asked her to meet at about 12:00 PM at the same place. At his request, she had again gone to Gate No. 2 of Jawahar Bhawan Janpath, New Delhi. The accused had asked her to sit in auto rickshaw and had told her that they were going to a place to discuss about her job. However, instead of that, he had taken her to Lodhi Garden, New Delhi and had told her that his boss will meet there. While they were entering Lodhi Garden it had started raining. It is alleged that thereafter, accused/applicant had taken the complainant to an isolated area inside Lodhi Garden where he had raped her despite her refusal and had fled from the spot. After that, the complainant had gone to Jhandewalan, Delhi and had called one of her friends and had narrated the whole incident to her. Thereafter, she along with her friend had reached Buddha Garden and a phone call was made to the Police. Police had reached at the spot and had told the complainant that the place of incident falls in the jurisdiction of Police Station of Tughlak Road and had sent them to the said Police Station. Thereafter, at her statement, the present FIR bearing no. 138/2022 was registered. It is case of the prosecution that during the course of investigation, counseling of the complainant had been conducted through an NGO, medical examination of the prosecutrix was conducted and site plan was prepared at the instance of the complainant. The accused was also arrested at the instance of complainant. During the course of investigation, her statement was recorded under Section 164 Cr.P.C. The certified copy of the call detail record and tower location of mobile phones of complainant, complainant's friend and the accused was obtained which shows that the accused and victim were talking to each other on the said date. However, FSL report has not yet been received.

3. Learned counsel for the applicant states that there is unexplained delay in lodging the present FIR. It is also stated that the applicant has been falsely implicated in the present case and the call detail record of the prosecutrix points out that the present case has been falsely registered against the present accused. It is vehemently argued that the FIR has been lodged at the instance of a friend of the prosecutrix who is connected with family of the accused in FIRs bearing Nos. 163/2020 and 164/2020for offences punishable under Sections 3