JUDGMENT

Rajnish Bhatnagar, J.

1. This petition is filed by petitioner under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in FIR No. 740/2020 under Sections 323/376/376B/376D/506 IPC registered at Police Station Khajuri Khas, Delhi.

2. In brief, the facts of the case are that on 7.9.2020, the victim lodged an FIR against the petitioner/applicant who is her brother-in-law and his co- accused, namely, Jakir who is the husband of the victim. It is alleged by the victim that on 27.08.2020 between 2.00 am to 5.00 am the applicant/petitioner and his brother committed rape on the victim at her matrimonial home. The statement of the victim under Section 164 Cr.P.C was recorded on 24.09.2020.

3. I have heard the learned counsel for the petitioner/applicant, learned APP for the State assisted by the learned counsel for the complainant and perused the status reports dated 17.7.2021 and 13.01.2022 and also perused the records of this case.

4. It is submitted by the learned counsel for the petitioner that co- accused Jakir has been granted default bail by the learned Metropolitan Magistrate vide order dated 09.12.2020. It is further submitted by the counsel