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2023 Supreme(Del) 4897

SAURABH BANERJEE
Jitender @ Sonu – Appellant
Versus
State (N. C. T. of Delhi) – Respondent


Advocates appeared:
Mr. M.K. Duggal and Mr. Hunny Singh, Advocates, for the Applicant.
Mr. Ajay Vikram Singh, APP for the State with SI Priyanka P.S. Subhash. Place.

JUDGMENT

1. This is an application filed by the applicant under Section 439 Cr.P.C. seeking regular bail in FIR No. 188/2023 dated 06.02.2023 registered under Sections 376/506/509/109 IPC at Police Station Subhash Place, Delhi.

2. As per the FIR, the applicant met the prosecutrix on 25.05.2022 on the pretext of taking her to a job interview and instead took her in his car to a hotel in Shakurpur Delhi and committed the alleged offence. He threatened her of kidnapping her brothers. The applicant thereafter committed the alleged offence on several occasions including in December 2022 and also threatened the prosecutrix of recording her objectionable videos and making them viral.

3. The applicant was arrested on 18.03.2023 and has been in custody since then.

4. Learned counsel for the applicant submits that there has been a delay of more than 91/2 months in registering the FIR. He submits that the prosecutrix/complainant was a consenting party to the alleged act(s) and the hotel bookings were made by the prosecutrix herself in her name. For this, he has handed over photocopies of the entries of the hotel register dated 25.06.202 and 28.06.2022, which are forming a part of the char

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