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2024 Supreme(Del) 74

SWARANA KANTA SHARMA
Kushal Kudesia – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Piyush Singhal, Mr. Kunal Malhotra, Mohd. Asif, Mr. Paras Khurana and Mr. Lalit Chaudhary, Advocates, for the Petitioner; Mr. Naresh Kumar Chahar, APP for the State with SI Kriti, P.S. Amar Colony alongwith complainant in person, for the Respondents.

JUDGMENT

Swarana Kanta Sharma, J. - The present application under Section 438 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the applicant seeking grant of anticipatory bail in case FIR No. 485/2023, registered at Police Station Amar Colony, Delhi, for offences punishable under Sections 376 of the Indian Penal Code, 1860 ('IPC').

2. Briefly stated, the facts as alleged are that the complainant knew the accused/applicant since 2018. It is stated that the complainant was in relationship with him and he had established physical relations with her at his rented accommodation in Delhi on the false pretext of marriage. It is stated that the accused had even introduced her to his family members and had assured her of marriage and on the pretext of such false promise, he had continued to maintain physical relations with her. The complainant had got pregnant in the month of October, 2020. It is stated that when the complainant had asked accused to get married to her, he had told her that he needed more time for getting married and, therefore, she had undergone abortion. It is stated that the accused had kept promising the complainant that he will marry her, ho

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