JUDGMENT

1. The present bail application is filed under section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”)on behalf of the petitioner for grant of regular bail in FIR bearing no. 0653/2022 dated 18.10.2022 registered under sections

354C/354D/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) at P.S. Punjabi Bagh.

2. The present FIR was got registered under sections 354C/354D/506/34 IPC at P.S. Punjabi Bagh on the basis of complaint made by the complainant/prosecutrix/respondent no. 2 (hereinafter referred to as “the complainant/prosecutrix”) wherein it was alleged that the complainant/prosecutrix in 2016 was studying in Ganga International School, Hirakundna and met the petitioner being her senior. The petitioner and the complainant/prosecutrix became friends. The complainant/prosecutrix in 2017 took admission in Amity International School, Saket, Delhi for pursuing higher studies and was staying in the school campus hostel. The petitioner in 2016 proposed the complainant/prosecutrix for a relationship with her. The complainant/prosecutrix initially refused for relationship with the petitioner as she wanted to focus on her studies. The petitioner continued to follow the complainant/prosecutrix and the complainant/prosecutrix subsequently accepted the proposal of the petitioner. The petitioner and the complainant/prosecutrix used to talk with each other on social media. The petitioner became over possessive and insecure towards the complainant/prosecutrix which was affecting studies of the complainant/prosecutrix and due to this reason, the complainant/prosecutrix did not want to continue with her relationship with the petitioner. The petitioner also once threatened the complainant/prosecutrix outside the library in her college. The petitioner also started to call and message classmates of the complainant/prosecutrix and other people in her college. The petitioner sent a suicide note addressed to the parents of the complainant/prosecutrix on 23.06.2022. The petitioner also sent a video on 06.07.2022 depicting attempt to suicide by him. Pushpanjali, sister of the petitioner also used to call the complainant/prosecutrix and threatened the complainant/prosecutrix to come back in a relationship with the petitioner. The petitioner on 07.08.2022 called the father of the complainant/prosecutrix and threatened him and also abused the complainant/prosecutrix. The petitioner also hacked social media account of the complainant/prosecutrix. The petitioner also retrieved contacts of the complainant/prosecutrix and texted them various troublesome and obscene messages and pictures of the complainant/prosecutrix. The petitioner also asked the complainant/prosecutrix for sexual favour for him. The petitioner also uploaded indecent pictures of the complainant/prosecutrix on social media. The complainant/prosecutrix also made other allegations in her complaint which resulted into registration of FIR.

2.1 The statement of the complainant/prosecutrix was also recorded under section 164 of the Code on 19.10.2022 by the court of Ms. Akansha Gautam, Metropolitan Magistrate, West, Tis Hazari Courts, Delhi. The complainant/prosecutrix in her statement under section 164 of the Code alleged that the petitioner established and did sexual intercourse with her after he made to her to drink an intoxicating drink despite her refusal and without her consent. The petitioner did sexual intercourse with the complainant/prosecutrix many times at various places and also made her videos and clicked her obscene pictures. The charge sheet was filed after conclusion of investigation for offences punishable under sections 354C/354D/506/34 IPC, section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”) and section 67/67(A)/66E of the Information Technology Act, 2000 (hereinafter referred to as “IT Act”).

The trial is stated to be pending in the court of Ms. H