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DELHI HIGH COURT
MEHRAN ANJUM MIR – Appellant
Versus
STATE GOVT OF NCT OF DELHI – Respondent
BAIL_APPLN-3853_2023
BAIL - ANTICIPATORY - RAPE - CONSENT - SECTION 376 IPC - SECTION 328 IPC - The court granted anticipatory bail to the petitioner accused of rape and causing hurt under Sections 376 and 328 of the IPC, respectively, considering the lack of evidence to substantiate the allegations under Section 328 IPC and the consensual nature of the sexual relationship between the petitioner and the victim, as suggested by WhatsApp chats.
Fact of the Case:
The petitioner, accused of rape and causing hurt under Sections 376 and 328 of the IPC, filed an anticipatory bail application, claiming that the relationship with the victim was consensual and that the FIR was filed out of vengeance after he stopped communicating with her.
Finding of the Court:
The court found that there was no denial of the sexual relationship between the petitioner and the victim but that the petitioner claimed it was consensual. The court also noted the WhatsApp chats between the parties, which suggested a souring relationship and threats from the victim to file a rape case if the petitioner did not contact her.
Issues: 1. Whether the sexual relationship between the petitioner and the victim was consensual or not. 2. Whether the allegations under Section 328 IPC were substantiated by evidence.
Ratio Decidendi: The court relied on the WhatsApp chats between the petitioner and the victim, which suggested a consensual relationship, and the lack of evidence to substantiate the allegations under Section 328 IPC. The court also considered the fact that the victim had accompanied the petitioner to a hotel on two occasions, despite knowing his intentions.
Final Decision: The court granted anticipatory bail to the petitioner, subject to certain conditions, including not indulging in criminal activity, not contacting the victim or her family, and cooperating with the investigation.
BAIL APPLN. 3853/2023 Page 1 of 7
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on : 29.11.2023
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Pronounced on : 20.12.2023
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BAIL APPLN. 3853/2023
MEHRAN ANJUM MIR
..... Petitioner
Through:
Mr. Akshay Chandra, Mr.Shubhanshu
Singh and Mr. Suman Kumar, Advs.
versus
STATE GOVT.OF NCT OF DELHI
.... Respondent
Through:
Mr. Amit Ahlawat, APP for the State.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
RAJNISH BHATNAGAR, J.
1.
The present bail application has been filed by the petitioner under
Section 438 Cr.P.C for grant of anticipatory bail in case FIR No. 584/2023
U/s 376/ 328 IPC registered at Police Station Nabi Karim.
2.
Briefly stated, the facts of the case are that a zero FIR No 004/2023
Dated 07.10.23, U/s 376 IPC P.S. Maghwadi, Mumbai, Maharastra was
received in PS Nabi Karim vide diary No. 2322 SO/DCP/C and the same
was marked to SI Sharanya S for further action. On 23.10.23 the
complainant came to police station and identified her English statement
which is attached with ZERO FIR.
Digitally Signed
By:localhost
Signing Date:21.12.2023
14:00:05
Signature Not Verified
BAIL APPLN. 3853/2023 Page 2 of 7
3.
The complainant alleged in her statement that she is a worker of
Congress Party from the year 2018. She further alleged that she met
petitioner 5-6 years ago through facebook and they become good friend. On
22.09.23, there was a proposer election of Delhi University union. So, for
the preparation of the election, she came to Delhi on 30-07-2023.
4.
The complainant further alleged that on 02.08.23, petitioner called her
and asked her to meet him. On 03.08.23 and 5.08.23, she met petitioner and
they took dinner together. On 05.08.23, petitioner proposed her for marriage
and she accepted his proposal as she was in love with petitioner. She further
alleged that she returned Mumbai on 09.08.23 for attending her cousin
marriage. On 14.08.23, she again came to Delhi for university election and
this time she stayed at Noida at petitioner's elder brother house. The
complainant further alleged that petitioner tried to establish physical relation
with her but he could not do that.
5.
The complainant further alleged that on 23.09.2023 between 1 to 2
p.m., she went to meet petitioner at Indo-Continental hotel, 8490/91, Aryan
Nagar, near Dharmakanta, Arakshan Road, Pahadganj, New Delhi. When
they were together, petitioner gave her medicine of fever and juice to drink.
After that she felt asleep. In the evening, around 5 to 6 p.m. when she woke
up there was a blanket on her body and her clothes were missing and she
realized that her friend (petitioner herein) had a sexual intercourse with her
without her consent. She asked the explanation to petitioner but he said that
they will marry. Petitioner told her that he would come to Mumbai and talk
about their marriage with her parents. On 25.09.2023, she returned to
Mumbai.
Digitally Signed
By:localhost
Signing Date:21.12.2023
14:00:05
Signature Not Verified
BAIL APPLN. 3853/2023 Page 3 of 7
6.
The complainant further alleged that after returning to Mumbai,
petitioner and she were talking on mobile phone. When she asked petitioner
about marriage, petitioner refused to marry with her. She further alleged that
on 2.10.2023, petitioner disconnected her and blocked her on social media.
7.
During the course of legal action NGO counsellor was informed and
medical examination of complainant was got conducted from RML Hospital
vide MLC No-E/216339/23 and a case FIR No 584/23, U/s 376 IPC was
registered on 23.10.23 and investigation went underway.
8.
I
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