JUDGEMENT

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking grant of regular bail, in FIR No.

125/2023 dated 18.02.2023, registered at Police StationPaharganj, for offences under Sections 376/506 of the Indian Penal Code, 1860 (IPC).

2. The facts relevant for the adjudication of the present application are as follows:

BAIL APPLN. 1989/2023

2.1 It is alleged that in the month of February 2022, the complainant / prosecutrix and the applicant / accused met each other when they visited Haridwar. In the due course of time, they exchanged their mobile numbers and started talking to each other.

2.2 On 09.04.2022, allegedly the applicant had come to Delhi to meet the prosecutrix at Paharganj. It is alleged that since the applicant was tired, they went to a hotel, namely, ‘Mini Yes Please’. The complainant alleged that the applicant, thereafter, made physical relations with her without her consent. She further alleged that the applicant also took her pictures and videos and threatened her to viral the same if she discloses about the said incident to any other person.

2.3 In the month of May 2022, the prosecutrix and the applicant met again in the same hotel, namely, ‘Mini Yes Please’ at Paharganj, where the applicant again forcefully made physical relations with her on the pretext of the pictures and videos, he had of hers.

2.4 It is further alleged that the applicant had also made fake ID of the prosecutrix on Instagram, where he used to post her pictures and has also threatened the prosecutrix to kill her parents. This led to the registration of FIR in the present case. Thereafter, the medical examination of the prosecutrix was conducted on 16.02.2023. BAIL APPLN. 1989/2023

2.5 The statement of the prosecutrix was recorded under Section 164 of the CrPC before the learned Metropolitan Magistrate, Tis Hazari Courts, Delhi on 20.02.2023, in which she corroborated the version of the FIR.

2.6 The investigation in the present matter is complete and the charge sheet has been filed on 18.04.2023 under Sections 376/506 of the IPC and the charges have been framed by the learned Trial Court. The applicant was arrested on 23.02.2023 from Nepal where he was working as a skilled labourer and has been in judicial custody since then. The prosecutrix examination and cross-examination has been recorded by the learned Trial Court.

2.7 The applicant had preferred two bail application before the learned Sessions Court, which were dismissed, firstly, on 27.04.2023 and, then on, 24.05.2023.

3. The learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case and the prosecutrix was in consensual romantic relationship with the applicant for about past one year. He submitted that the investigation is complete and the chargesheet has also been filed.

4. The learned counsel submitted that the present FIR was registered after an inordinate delay of almost one year from the date of the first alleged incident, which creates suspicion about the allegations made by the prosecutrix.

BAIL APPLN. 1989/2023

5. The learned counsel submitted that the prosecutrix and the applicant met at the hotel, namely, ‘Mini Yes Please’ with mutual consent and consequently developed intimate relations with each other.

6. He further submitted that the applicant and the prosecutrix got matching permanent tattoos of the names of each other on their upper chests being “S****** is my life” and “Sudhanshu is my life”, and also planned to get married to each other. He further submitted that when the parents of the prosecutrix came to know about the said tattoo, they pressurised the prosecutrix to get the present FIR registered against the applicant.

7. He submitted that the photographs and videos recovered during the investigation clearly show that the prosecutrix and the applicant were well acquainted with each other and were in a consensual relationship.

8. The learned coun