X vs THE STATE & ANR

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:27.01.2025 + CRL.M.C. 6243/2019 X .....Petitioner Through: versus THE STATE & ANR .....Respondents Through: Advocates who appeared in this case: For the Petitioner :Ms. Sunita Arora, Advocate (DHCLSC) alongwith Petitioner-in-Person. For the Respondent : Mr. Naresh Chahar, APP for the State. Mr. Chirag Jamwal, Advocate (Through V.C.) with Mr. Ajit Amar & Mr. Akashdeep Kakkar, Advocates for Respondent No.2 to 5. SI Mukesh Kumari (P.S. R.K. Puram). CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed seeking cancellation of the bail granted to Respondent No. 2 vide order dated 20.08.2019, passed by the learned Additional Sessions Judge, Patiala House Courts, New Delhi (‘Trial Court’), in SC No. 306/2019 arising out of FIR No. Signature Not Verified Signed By:HARMINDER KAUR CRL.M.C. 6243/2019 Page 1 of 11 Signing Date:03.02.2025 16:59:34 39/2019 for offences under Sections 376/506/509/120B/195A of the Indian Penal Code, 1860 (‘IPC’), registered at Police Station RK Puram. Brief Facts: 2. The FIR in the present case was lodged following a complaint by the petitioner, who alleged that in the year 2007, Respondent No. 2 had called her to Papad Wali Gali, Ambedkar Basti, under the pretext of offering her a job. During the meeting, Respondent No. 2 allegedly coerced the petitioner into a non-consensual physical relationship and threatened her with dire consequences, including death, if she disclosed the incident to anyone. 3. The statement of the petitioner under Section 164 of the Code of Criminal Procedure, 1973 (‘CrPC’) was recorded by the learned Metropolitan Magistrate on 01.02.2019, wherein the petitioner detailed the sequence of events involving Respondent No. 2. She stated that in