BAIL APPLN. 1112/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 22^nd MARCH, 2022

IN THE MATTER OF:

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BAIL APPLN. 1112/2021 & CRL.M.A. 9865/2021

AKSHAY RAWAT

..... Petitioner

Through:

Mr. Sunil Dalal, Sr. Advocate with

Mr. Arpit Bhalla, Mr. Devashish

Bhadauria, Mr. Akash Bhadana, Ms.

Ayushi Sharma, Mr. Aditya Kumar

and Mr. Vishal Chechi, Advocates.

versus

THE STATE, GOVT. OF N.C.T. OF DELHI

..... Respondent

Through:

Ms. Meenakshi Dahiya, APP for the

State with SI Usha Yadav, PS

Malviya Nagar.

Mr. Babanjeet Singh, Advocate for

R-2.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

Petitioner seeks bail in FIR No. 367/2020 registered at PS Malviya

Nagar for offences under Sections 376, 323 and 506 IPC. Petitioner was

arrested on 1.9.2020.

2.

The facts, in brief, leading upto the present petition are as follows-

i.

A written complaint was made to the S.H.O. PS Malviya Nagar

on 1.9.2020 that the complainant met the Petitioner on Snapchat

and he had introduced himself as Aarav Chaudhary working as a

pilot in Indigo Airlines and they started talking. The Petitioner

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asked her to meet him for dinner, picked her up from Krishna

Mandir Khirki Extension and took her to Murthal for dinner. It

is stated that on the way to Murthal, the petitioner said that his

car was punctured and stopped the car on the highway and told

her that until the tire was replaced, they could eat at Haldirams,

to which the complainant became uncomfortable and told him

she wanted to go home.

ii.

It is stated that the behavior of the Petitioner changed at this

juncture, he threatened her and took her to his house at BPTP

Park Floor 1, House No. 001 Block G Faridabad Sector 77 and

forced her to drink alcohol due to which she vomited. It is stated

that the petitioner took her phone away, abused and beat her,

and raped her. It is stated that Petitioner took explicit videos of

her and took a knife and wrote the initial alphabet of his name

on her body and rubbed salt in it. It is stated that the Petitioner

threatened to kill her.

iii.

It is stated that the next morning Abhishek, the brother of the

Petitioner, came to the flat. On reaching, there was an

altercation between the Petitioner and his brother Abhishek.

Abhishek booked a cab for the complainant to leave. It is stated

that before she left, the Petitioner threatened her with dire

consequences of making her videos viral and told her to keep

quiet about what happened. It is stated that when the

complainant said she will complain to the police, the Petitioner

allegedly said that she can do anything as the MLA of the area is

known to him and the Police cannot do anything. It was stated

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that the complainant did not know how to write a complaint and

made her friend write the complaint for her. Based on this

information, FIR No. 367/2020 was registered.

iv.

The MLC of the complainant was conducted vide MLC No.

6465/2020 at AIIMS on 31.8.2020.

v.

The statement under Section 164 CrPC of the complainant was

recorded by the Ld. MM, Saket District Court on 1.9.2020.

Supplementary statement of the complainant was recorded on

2.9.2020 wherein she confirmed the averments in the FIR.

vi.

Investigation was done by the Police. The CDR of the Petitioner

and the complainant was summoned from the nodal officers to

ascertain their locations on the date of the incident. It was seen

that the Petitioner and complainant were talking since 27.8.2020

and their locations were of the same place on 30.8.2020. The

ownership details of the Honda City car bearing registration

number DL-3C-BA-3718, in which the Petitioner allegedly took

the complainant to Murthal, was found to be registered in the

name of one Sonia Soin, r/o Kailash Hills, New Delhi which had

been tr