Krishan Gaba vs State (NCT of Delhi) - 2023 Supreme(Del) 5781

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5781

RAJNISH BHATNAGAR
Krishan Gaba – Appellant
Versus
State (NCT of Delhi) – Respondent

Advocates appeared:
Dr. Adish C. Aggarwala, Sr. Advocate with Mr. Karan Ahuja, Advocate, Mr. Rajat Bhatia, Advocate, Mr. Amish Aggarwala, Advocate, Mr. Kuldeep Hauhari, Advocate, Mr. Anubhav Tyagi, Advocate, Ms. Ekta Mudgil, Advocate, Ms. Alka Nupur Singh, Advocate, Mr. Vedansh Lohani, Advocate, Mr. Hitanshu, Advocate, Mr. Nilesh Kumar, Advocate, Ms. Antra Mishra, Advocate and Mr. Nishant Sharma Advocate, for the Appellant; Mr. Raghuvinder Verma, APP for the State with SI Sumedha, Advocate, Ms. Jyoti Singh, Advocate and Mr. Akshaya Kaushik, Advocate, for the Respondent.

ORDER

Rajnish Bhatnagar, J. - The present bail application has been filed by the petitioner under Section 438 Cr.P.C for grant of anticipatory bail in case FIR No. 260/2023 U/s 376/377/504 IPC registered at Police Station Shalimar Bagh.

2. Briefly stated, the facts of the case as per the allegations made by the prosecutrix are that the prosecutrix and the petitioner were known to each other for quite some time and they became good friends. As per the allegations, the petitioner took the prosecutrix into confidence saying that he would marry her. On 17.06.2021, petitioner took the prosecutrix to Arya Samaj Temple, Mori Gate, Delhi for marriage and thereafter they started living together. During this period, petitioner established forceful physical relations with the prosecutrix. Prosecutrix made efforts to persuade the petitioner to get the marriage registered but the petitioner kept on delaying the same.

3. It is further alleged by the prosecutrix that the petitioner with the help of his friend, took her nude photographs and threatened her to have physical relations with him and his friend or they would publicize her nude photographs. Thereafter the petitioner and his friend establish

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