BAIL APPLN. 145/2022 Page 1 of 8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 09.03.2022

% Pronounced on : 22.04.2022

+

BAIL APPLN 145/2022 AND CRL.M.A. 890/2022 & CRL.M.A.

4103/2022

MANISH KUMAR

..... Petitioner

Through:

Mr. Jatin Kumar, Mr. Manish Kumar

and Mr. Ashish Shukla, Advocates.

Versus

GOVT OF NCT OF DELHI

..... Respondent

Through:

Mr. Amit Ahlawat, APP for the State

with SI Seema Bhati, PS Ashok

Nagar.

Ms. Tanya Agarwal, Advocate from

DHCLSC and Ms. Eliza, Advocate

for the complainant.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

ORDER

RAJNISH BHATNAGAR, J.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001466

BAIL APPLN. 145/2022 Page 2 of 8

1. This is a petition filed by the petitioner under Section 438 Cr.P.C.

seeking anticipatory bail in FIR No. 585/2021 under Sections

376(2)(n)/377/328/506 IPC registered at P.S. New Ashok Nagar.

2. In brief the facts of the case are that the instant FIR No. 585/2021

dated 18.11.2021, U/s 376(2)(n)/377/328/506 IPC was registered at P.S.

New Ashok Nagar, on the basis of Zero FIR No. 0001/21 dated 07.10.21 U/s

376(2)(n)/377/328/506 IPC registered at P.S. Seelampur, Delhi, which was

lodged on the complaint of the prosecutrix. The prosecutrix has alleged that

she met a boy namely Manish Kumar Mishra @ Monu (Petitioner herein)

S/o Lai Bahadur Mishra R/o Pure Durgadeen Tiwari, Bahorikpur,

Purabgaon, P.S Gauriganj, Amethi Distt, U.P., through Facebook on

05.08.2019 and thereafter, they started talking with each other. In the first

week of September 2019, Manish called her to go to Dehradun for

celebrating his birthday, to which she agreed and on reaching Dehradun,

they checked in to a hotel where she was provided breakfast by Manish and

after consuming it, she felt uncomfortable and she laid down on bed for rest

but she fell asleep. After waking up, she found herself undressed and

covered in only bedcover. When she asked Manish what had happened, he

said that he had engaged in sexual relations with her and he convinced her

that he loves her and would marry her. After a while, he had also called her

to his rented room i.e., H. No. B-44, New Ashok Nagar, Delhi, where he

forcefully made sexual relations with her by blackmailing her and showing

her obscene photos and videos of her with him and also, threatened her that

he would send it to her family members if she refuses to have sexual

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001466

BAIL APPLN. 145/2022 Page 3 of 8

relations with him. Thereafter, he also kept her with him in a rented flat at

H. No. 63/64, Room No.16, U- Block, DLF Phase III, Gurgaon, from

23.10.2019 to 19.03.2020 and he used to threaten her that if she will not

follow her instructions, he would kill her and her family and also, continued

to sexually and physically assault her. He kept sexually assaulting her till

10.03.2021, but did not marry her. Further, he continued contacting her

through phone calls and used to ask her to meet him and threatened her that

he would harm her if she refused to meet him. Hence, the instant FIR was

lodged on 18.11.2021.

3. I have heard the learned counsel for the petitioner, learned APP for

the State assisted by the Ld. DHCLSC counsel for the complainant and

perused the status report filed by the state.

4. It is submitted by the learned counsel for the petitioner that petitioner

has been falsely implicated in this case and the relationship between the

petitioner and prosecutrix was consensual. It is further subm