BAIL APPLN.1168/2021 Page 1 of 29

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 1168/2021 & CRL.M.(BAIL) 369/2021

Date of decision: 05^th July, 2021

IN THE MATTER OF:

SAURABH BALI

..... Petitioner

Through

Mr. N. Hariharan, Senior Advocate

with Mr. Sidhart Yadav, Mr. Akshay

Bhandari, Mr. Varun Deswal, Mr.

Samarth Luthra and Ms. Aakriti

Mittal, Advocates with the petitioner-

in-person

versus

STATE

..... Respondent

Through

Ms. Kusum Dhalla, APP for the State.

Mr. Pramod Kumar, Advocate with

Ms.

Kanika,

Advocate

for

the

complainant.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

This is a petition under Section 439 Cr.P.C for seeking regular bail in

FIR No. 225/2020, dated 12.09.2020, registered at Police Station

Deshbandhu Gupta Road, for offences under Sections 376/377/328/ 323/506

IPC.

2.

Facts, in brief, leading to the instant petition are as under:

a)

On the complaint of the prosecutrix FIR No. 225/2020, dated

12.09.2020 was registered at Police Station Deshbandhu Gupta Road,

for offences under Sections 376/377/328/ 323/506 IPC. The

prosecutrix stated that she is a student and is doing graduation. She

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also stated that she is a professional dancer. It is stated by the

prosecutrix that the petitioner, whom the prosecutrix knows, gave her

a call and told her to meet him at 6:00 AM and said that he will

reconcile the fight between the prosecutrix and one Chandan Chugh.

It is stated that the prosecutrix left her home on the pretext of a

morning walk and met the petitioner who was waiting outside the

house of the prosecutrix in his car. It is stated that the petitioner asked

the prosecutrix to sit in the car. The FIR records that the petitioner

told the prosecutrix that it will take some time to meet the said

Chandan and that they should drive around. It is stated that during this

time the petitioner offered alcohol to the prosecutrix which she

consumed. It is stated that they stopped at a 24x7 shop in Naraina and

bought some chips from there and thereafter had 1-2 drinks more. It is

stated that the prosecutrix do not remember anything after that. It is

stated that about 8:00 AM when the prosecutrix faintly gained

consciousness she found herself in the house of the petitioner. She

stated that the petitioner was committing rape on her, abusing her and

making a video of the act. It is stated by the prosecutrix that she was

not wearing anything. It is stated that the prosecutrix was in a lot of

pain. It is stated that when the prosecutrix regained consciousness she

pleaded the petitioner to leave her and asked him as to why he did this

to her. It is stated that the prosecutrix told the petitioner that she

wanted to go home. It is stated that the mother of the prosecutrix

called her and the prosecutrix informed her mother that some wrong

has been done to her and asked her mother to send her father at the

earliest. It is stated that at that point of time the petitioner snatched the

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phone from the prosecutrix and started talking to her mother. It is

stated that the petitioner told the mother of the prosecutrix that the

prosecutrix is tensed about something and he does not know as to

what is the reason for her tension. It is stated that the mother of the

prosecutrix kept on calling her again and again but the petitioner

prevented the prosecutrix from answering the call. It is stated that at

around 10 AM the petitioner asked the father of the prosecutrix to

come near Liberty cinema.