ATUL TIWARI vs STATE NCT OF DELHI

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12.08.2025 + BAIL APPLN. 2489/2025 ATUL TIWARI .....Petitioner Through: Mr. Sundram Ojha and Mr. Abhishek Ranjan, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Nawal Kishore Jha, APP for State with IO/SI Shruti. Mr. K.P. Singh, Advocate for prosecutrix. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant seeks regular bail in case FIR No. 350/2025 of PS Karol Bagh for offence under Section 376(2)(n)/328/312/313/506/34 IPC. I have heard learned counsel for accused/applicant and learned APP for State as well as learned counsel for prosecutrix. 2. Broadly speaking, allegation against the accused/applicant is that he developed sexual relations with the prosecutrix on the false pretext of getting married with her. The prosecutrix, who is a grown up lady, four years older than the accused/applicant also contended that the accused/applicant clicked her nude pictures and videos. BAIL APPLN.2489/2025 Page 1 of 5 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f 97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee6040 Signature Not Verified 2c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.08.12 17:57:43 -07'00' Digitally Signed By:NEETU N NAIR Signing Date:12.08.2025 18:18:15 3. On behalf of accused/applicant, it is contended by learned counsel that the relationship between the prosecutrix and the accused/applicant was clearly a consensual relationship and the prosecutrix being a grown up lady and four years older than the accused/applicant, it is not believable that she would hav