BAIL APPLN. 1295/2023Page 1 of 3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 07.12.2023

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Pronounced on : 10 .01.2024

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BAIL APPLN. 1295/2023

AMIT KUMAR

..... Petitioner

Through:

Mr. C.M.Sangwan and Mr. Saksham

Aggarwal, Advocates.

versus

THE STATE(GOVT. OF NCT OF DELHI) & ANR. ... Respondents

Through:

Mr. Amit Ahlawat, APP for the

State with SI Sangeeta with victim.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

ORDER

RAJNISH BHATNAGAR, J.

1. The present petition has been filed under Section 438 Cr.P.C. by the

petitioner seeking anticipatory bail in case FIR No.933/2022 under Sections

376/313 IPC registered at Police Station Shahbad Dairy.

2. Learned counsel for the petitioner submitted that petitioner has joined

the investigation. He further submitted that initially the FIR was registered

under POCSO Act as well but the victim was found to be major on the date

of the incident. He further submitted that as per the victim first relation took

place between them in 2018 and the FIR was lodged on 13.12.2022. He

further submitted that there is not even an iota of evidence on record to show

Digitally Signed

By:localhost

Signing Date:10.01.2024

17:39:17

Signature Not Verified

BAIL APPLN. 1295/2023Page 2 of 3

that victim had a miscarriage in the month of July, 2021. He further

submitted that the relations were consensual. He further submitted that at no

point of time the petitioner ever promised to marry the victim.

3. On the other hand, learned APP for the State has argued on the lines

of the status report. Learned APP submitted that petitioner, on the pretext of

marriage, made physical relations with the victim and victim consented only

on promise of marriage. He further submitted that as both the parties belong

to the different religion, petitioner has refused to marry the victim. He

further submitted that victim got pregnant in July 2021 and later resulted

into miscarriage as she was given beatings by the petitioner.

4. As far as the contention of learned APP that the victim had

miscarriage because of the beatings given by the petitioner, there is no

evidence on record that the victim was pregnant at any stage or she suffered

miscarriage. The alleged miscarriage, according to the prosecution, took

place on 24.07.2021 and FIR was lodged on 13.12.2022.

5. On my query from the Investigating Officer, he submitted that there is

no document to the effect that victim was pregnant or she suffered any

miscarriage.

6. As per the allegations, the petitioner made physical relations with the

victim from 2019 till 2021 in a hotel situated at Bawana on the pretext of

false marriage, in my opinion, looking into the facts and circumstances of

the case, near about more than two years’ time was sufficient for the victim

to realise as to whether the promise of marriage is false from its very

inception but the victim continued to meet the petitioner during the period of

two years in an OYO hotel and according to her she got pregnant and at the

behest of the petitioner the pregnancy was terminated and she was also

Digitally Signed

By:localhost

Signing Date:10.01.2024

17:39:17

Signature Not Verified

BAIL APPLN. 1295/2023Page 3 of 3

beaten by the petitioner which resulted in her miscarriage.

7. Nothing in the form of MLC/medical document is there on record to

suggest that the victim became pregnant or because of the act of the

petitioner she suffered a miscarriage. In the FIR, the victim had even stated

that she was a minor on the date of the incident but later on, during the

course of the investigation, it was found that the victim was major on the

date of the incident. The relationship appears to be consensual in nature. As

far as the allegations made by the victim are concerned, those can be proved

by the victim by entering into the witness box and for that purpose custodial

interrogation of the pe