The court emphasized the seriousness of both allegations and counter-allegations while granting bail, balancing the accused's community ties against the nature of the accusations.

JUDGMENT

Subramonium Prasad, J. Petitioner seeks bail in FIR No. 367/2020 registered at PS Malviya Nagar for offences under Sections 376, 323 and 506 IPC. Petitioner was arrested on 1.9.2020.

2. The facts, in brief, leading upto the present petition are as follows-

i. A written complaint was made to the S.H.O. PS Malviya Nagar on 1.9.2020 that the complainant met the Petitioner on Snapchat and he had introduced himself as Aarav Chaudhary working as a pilot in Indigo Airlines and they started talking. The Petitioner asked her to meet him for dinner, picked her up from Krishna Mandir Khirki Extension and took her to Murthal for dinner. It is stated that on the way to Murthal, the petitioner said that his car was punctured and stopped the car on the highway and told her that until the tire was replaced, they could eat at Haldirams, to which the complainant became uncomfortable and told him she wanted to go home.

ii. It is stated that the behavior of the Petitioner changed at this juncture, he threatened her and took her to his house at BPTP Park Floor 1, House No. 001 Block G Faridabad Sector 77 and forced her to drink alcohol due to which she vomited. It is stated that the petitioner took her phone away, abused and beat her, and raped her. It is stated that Petitioner took explicit videos of her and took a knife and wrote the initial alphabet of his name on her body and rubbed salt in it. It is stated that the Petitioner threatened to kill her.

iii. It is stated that the next morning Abhishek, the brother of the Petitioner, came to the flat. On reaching, there was an altercation between the Petitioner and his brother Abhishek. Abhishek booked a cab for the complainant to leave. It is stated that before she left, the Petitioner threatened her with dire consequences of making her videos viral and told her to keep quiet about what happened. It is stated that when the complainant said she will complain to the police, the Petitioner allegedly said that she can do anything as the MLA of the area is known to him and the Police cannot do anything. It was stated that the complainant did not know how to write a complaint and made her friend write the complaint for her. Based on this information, FIR No. 367/2020 was registered.

iv. The MLC of the complainant was conducted vide MLC No. 6465/2020 at AIIMS on 31.8.2020.

v. The statement under Section 164 CrPC of the complainant was recorded by the Ld. MM, Saket District Court on 1.9.2020. Supplementary statement of the complainant was recorded on 2.9.2020 wherein she confirmed the averments in the FIR.

vi. Investigation was done by the Police. The CDR of the Petitioner and the complainant was summoned from the nodal officers to ascertain their locations on the date of the incident. It was seen that the Petitioner and complainant were talking since 27.8.2020 and their locations were of the same place on 30.8.2020. The ownership details of the Honda City car bearing registration number DL-3C-BA-3718, in which the Petitioner allegedly took the complainant to Murthal, was found to be registered in the name of one Sonia Soin, r/o Kailash Hills, New Delhi which had been transferred to Tarun Bajaj r/o Uttam Nagar and from him transferred to Abhishek Rawat, i.e., brother of the Petitioner. The statement of the OLA cab driver who transported the complainant from the Petitioner's house in Faridabad to Malviya Nagar after one day of the incident, on 31.8.2020, was recorded under Section 161 CrPC.

vii. Abhishek Rawat, brother of the Petitioner, filed a complaint against the complainant on 12.02.2021 before S.H.O. Tigaon Police Station and on 13.2.2021 to the Commissioner of Police. In the complaints, it is stated that on 31.8.2020 when he reached his rented apartment i.e. House No.1 First Floor, Block F, BPTP Park, Sector 77 Faridabad, he saw his brother the Petitioner with a girl sitting in bed, eating an omelet and when he did not get a satisfactory answer about who the girl was, he slapped the peti