JASWANT KUMAR RAO vs THE STATE (GOVT. OF NCT OF DELHI)

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11th December, 2025 + BAIL APPLN. 3895/2025 & CRL.M.A. 30345/2025 JASWANT KUMAR RAO .....Applicant Through: Mr. Ravinder Kumar, Ms. Santosh Dixit, Ms. Kanishka Gautam and Mr. Deepak Poonia, Advs. versus THE STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Sunil Kumar Gautam, APP for the State with Insp. Abhijeet Singh, PS Geeta Colony. Ms. Vanya Chhabra, Adv. for the prosecutrix (through VC) CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) 1. The present application is filed seeking regular bail in FIR No. 338/2024 dated 16.07.2024, registered at Police Station Geeta Colony for offences under Sections 376D/506 of the Indian Penal Code, 1860 (‘IPC’). 2. Briefly stated, the FIR was registered on a complaint given by the prosecutrix. It is alleged that in the month of October 2023, the applicant along with co-accused Raj entered the house Signature Not Verified of the prosecutrix whereafter she was raped by co-accused Raj Signed By:HARMINDER KAUR Signing Date:12.12.2025 BAIL APPLN. 3895/2025 Page 1 of 7 17:12:23 and a video of the commission of the alleged offence had been captured by the applicant. It is alleged that the accused persons also threatened the prosecutrix of dire consequences should she disclose about the said incident to anyone. 3. During the course of the investigation, the incriminating video was produced by one of the witnesses in a pen drive coupled with a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 wherein one accused person was seen committing the offence and the other person who was not visible in the video was capturing the video of the commission of the alleged incident. It is stated that the voice of the second person was audible in