The court emphasized the gravity of the accusations, likelihood of the offence being repeated, and reasonable apprehension of the witnesses being influenced in deciding on the application for bail.

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 charge sheet, to show that it has both the names and the signatures of the applicant as also the prosecutrix/complainant in two respective columns.

5. He further submits that the FIR does not disclose the dates of occurrence(s) of the offences.

6. Upon issuance of notice the Status Report has been filed and the Nominal Roll was also called for.

7. The prosecutrix/complainant also filed a response to the said application stating therein that the applicant is a habitual offender who has been involved in various offences and had committed the alleged offence on her just a few days prior to the registration of the FIR. It is further stated that despite being married to the sister of the prosecutrix, he has been completely dishonest and that in view thereof, the grant of bail to the applicant has been opposed by her.

8. Though the Nominal Roll reflects that the overall jail conduct of the applicant is satisfactory, however, it also reflects that there are two additional FIRs pending against the applicant, i.e., FIR No. 362/2016 registered under Sections 376/506 IPC at Police Station North Rohini and FIR No. 949/2022 registered under Section 420/468/471/120B IPC at Police Station Rajouri Garden and that the applicant has been granted bail in both the FIRs. It is further stated that the applicant has been in custody for over 4 months as on date.

9. Learned APP, relying upon the Status Report, submits that the prosecutrix/complainant in her statement under Section 164 Cr.P.C has supported her earlier version in the FIR qua the allegations made on 25.05.2022. He submits that she was threatened by the applicant as well as her brother. He also submits that the applicant is guilty of committing the offence of raping the prosecutrix/complainant three times, first time on 25.05.2022, second time on another undated incident and third time in December 2022. He also submits that records of the concerned hotel Orbit wherein the offence were committed have also been verified and the entries qua the applicant and prosecutrix/complainant have been found therein. It is further submitted that the applicant is in jail only since 18.03.2023.

10. I have heard learned counsel for the petitioner and learned APP for the State and gone through the relevant documents on record.

11. At the outset, the conditions for granting bail to an accused are [Re.: Prasanta Kumar Sarkar vs. Ashis Chatterjee, (2010) 14 SCC 496; State of Uttar Pradesh vs. Amaramani Tripathi, (2005) 8 SCC 21; and Deepak Yadav vs. State of Uttar Pradesh, (2022) 8 SCC 559]:

i. Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;

ii. Nature and gravity of the accusation;

iii. Severity of the punishment in the event of conviction;

iv. Danger of the accused abscon