* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 15th April, 2025 Pronounced on: 30th April, 2025 + BAIL APPLN. 837/2025 HARASH KUMAR .....Petitioner Through: Mr. Kirtiman Singh, Senior Advocate with Mr. Vaibhav Sethi, Ms. Priya Pathani and Mr. Abul Hasan Khan, Advocates.

Mr. Amit Choudhary and Ms. Kavya Dauk, Advocates.

versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Hemant Mehla, APP with Mr.

Rohit Chaudhary, Ms. Nandita, Ms. Akanksha T., Mr. Vikas Khoker, Mr. Shyam Singh, Ms. Asha Ahlawat, Mr. Gaurav Kumar, Ms. Nitika Balyan and Mr. Ram Chander Khatri, Advocates for the State.

Inspector Rahul Kumar, P.S. South Avenue.

SI Ranjana, P.S. Subzi Mandi.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J.:

1. Through the present application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, [“BNSS”] (formerly Section 439 of the Signature Not Verified

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Code of Criminal Procedure, 1973, [“Cr.P.C.”]), the Applicant seeks regular bail in proceedings arising from FIR No. 406/2024 registered under Sections 376, 354, 323, 506, 509 and 34 of the Indian Penal Code, 1860, [“IPC”] at P.S. Subzi Mandi. Subsequently, chargesheet qua the Petitioner has been filed under Sections 376/328/323/506/384/509/379/377 of IPC.

Factual Background

2. Briefly stated, the case of the prosecution is as follows:

2.1. The FIR was registered on 19^th July, 2024, on the basis of a written complaint lodged by the Prosecutrix, Ms. ‘S’, aged about 40 years. According to the Prosecutrix, she first came into contact with the Applicant, in 2021, through social media, while seeking a social media influencer to promote her clothing brand, ‘Rebelwood Sprite’. During initial interactions, the Applicant allegedly requested an iPhone to enhance content creation, which she arranged through an authorised Apple Store in Jammu. However, their professional relationship soured after the Applicant, attempted to resell the device. The authorised seller returned the money in the account of the Prosecutrix, but it was after deducting INR 20,000/-. Although the Applicant promised to return Rs 20,000/- to make up for the loss incurred by her, in some time, the Prosecutrix decided to end all ties with him.

2.2 In December 2021, the Applicant visited the Prosecutrix at her house in Noida, to return the sum of Rs. 20,000/- and apologize. He subsequently persuaded her to travel for a brand shoot in Connaught Place, Delhi. During the journey, Applicant allegedly administered intoxicants through sweets, Signature Not Verified

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causing her to feel dizzy and loss of consciousness. Contrary to assurances that she would be taken to Hindu Rao Hospital, the Applicant allegedly took her to a secluded area behind the hospital, sexually assaulted her, stole money from her purse, and captured her nude photographs.

2.3. Thereafter, the Prosecutrix was allegedly coerced into travelling to Jammu where she was subjected to continued sexual abuse, extortion, and threats over a two-and-a-half-year period. She alleges that the Applicant demanded money and jewellery, while threatening to release the compromising images. During a visit to his residence in Jammu in September 2023, the Prosecutrix informed the Applicant’s parents [Mr. Tilak Raj and Ms. Seema Devi] about his conduct. Instead of receiving support, she alleges that she was physically and sexually assaulted by the Applicant’s father. This led her lodging the FIR.

2.4. The Prosecutrix’s medical examination was conducted vide MLC No. 4773/2024 at Hindu Rao Hospital, though she declined an internal examination.

2.5. The Prosecutrix recorded her statement under Section 183 BNSS, reiterating her initial complaint. A police team comprising of IO/SI Jyoti and other staff went to Jammu, and on 7^th August, 2024, arrested the Applicant. One mobile phone was seized during arrest, and during police custody, another