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2023 Supreme(Del) 5670

SAURABH BANERJEE
Sushant Kaushik – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Pramod Kumar Dubey, Sr. Advocate with Mr. Abhik Chimni, Ms. Pallavi Garg, Mr. Anant Khajuria, Mr. Saharsh, Mr. Satyam Sharma, Ms. Aditi, Mr. Akshat Sharma and Ms. Riya Pahuja, Advocates, for the Appellant; Ms. Meenakshi Dahiya, APP for the State with SI Reena, PS. Dwarka Sec-23. Mr. Vikram Singh Jakhar, Mr. Mohit Yadav, Ms. Varnika Sharma and Mr. Saurabh Sharma, Advocates for prosecutrix alongwith prosecutrix in person, for the Respondent.

ORDER

1. The applicant vide the present application under Section 438 of the Code of Criminal Procedure, 1973 [CrPC] is seeking anticipatory bail in FIR No.180/2023 dated 19.07.2023 registered under Sections 313/323/376/377/506/509/201/120B of the Indian Penal Code, 1860 [IPC] at PS.: Sector 23 Dwarka, Delhi.

2. As per FIR, the prosecutrix met the applicant in February, 2022 in the College where the applicant was a 'Student', wherein the prosecutrix was/ is a 'Professor'. The prosecutrix alleges that in May, 2022, while she was on an official trip to Manali, they got married in a small temple and the applicant promised to legally marry her in future.

3. She further alleges that she also met the family members of the applicant on 04.06.2022 at his home who had no objection to their marriage. Later, on 04.02.2023, the applicant disappeared and it was only on 07.02.2023 that the applicant contacted the prosecutrix and informed her that he was being kept captive in his maternal-aunt's home.

4. Further, as per FIR, after coming to know about the pregnancy of the prosecutrix in April, 2023, the applicant and his family forced her to abort the child, in furtherance of which, a pill was admini

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