Rohini Courts, Delhi: Jagdish Kumar, ASJ: Special FTC (North), grants bail to an accused alleged of making physical relationship and then capturing nude pictures and circulating the same.
It was submitted that the applicant had been implicated in the present case with the malicious intention of the police official and he never indulged in any criminal case.
Allegations were that the accused took the prosecutrix to a hotel for pay and made a physical relationship for the first time, in fact, he also captured nude pictures and made viral the same and started forcing her to have physical relations with his friend.
Further, the Additional PP came to the residence of the prosecutrix as she was residing with her friend and made a physical relationship with her, additionally, there were allegations that he criminally intimidated the prosecutrix to kill her if she disclosed the incident to anyone.
Analysis and Decision
Court noted that no date, month or year was mentioned by the prosecutrix as to when the alleged offence was committed upon her. Further, the applicant/accused was not previously involved in any other criminal case.
In view of the above-stated facts and circumstances of the case, the applicant/accused was admitted on bail.
Bench directed that the accused/applicant shall not contact or try to contact either complainant or any other witness directly/indirectly. [State v. Rahul Kumar Jha, 2022 SCC OnLine Dis Crt (Del) 24, decided on 19-5-2022]
Advocates before the Court:
Shiv Kumar, Substitute Addl. PP for the State
IO W/SI Sushil Yadav in person.
Victim/prosecutrix in person with counsel U. Hashmi and Geeta Verma, Counsel for DCW.
Mr Shahid Tasleen Uzbek, Translator in person.
Accused is produced from JC.
Pradeep Khatri, Counsel for the accused.