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Delhi High Court - Orders

Mohd. Haris Usmani vs State on 14 January, 2022

Author: Manoj Kumar Ohri

Bench: Manoj Kumar Ohri

               $~3

               *          IN THE HIGH COURT OF DELHI AT NEW DELHI

               +          BAIL APPLN. 339/2021

                          MOHD. HARIS USMANI                            ..... Petitioner
                                       Through          Mr.Vikas Pahwa Sr.Advocate with
                                                        Ms.Raavi Sharma, Mr.Murari Tiwari,
                                                        Ms.Kanika Chauhan, Mr.Nitin Singh
                                                        and   Mr.Mohd.       Parvez      Dabas,
                                                        Advocates

                                            versus

                          STATE                                      ..... Respondent
                                            Through     Mr.Hirein Sharma, APP for State with
                                                        with SI Sandeep Kumar, P.S. Kalkaji.
                                                        Ms.Aishwarya Rao and Ms.Mansi Rao,
                                                        Advocates for the
                                                        prosecutrix/complainant.

                          CORAM:
                          HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

                          (VIA VIDEO CONFERENCING)

                                      ORDER

% 14.01.2022

1. The present application has been filed under Section 438 Cr.P.C. on behalf of the applicant seeking anticipatory bail in FIR No.601/2019 registered under Sections376/506/406/323/313/34 IPC at P.S. Kalkaji, Delhi.

2. Mr.Vikas Pahwa, learned Senior Counsel for the applicant, during the course of submissions, has referred to a screenshot from the Facebook website, to submit that it was the prosecutrix who approached the applicant with a friend request on the social media platform. He has further drawn attention of the Court to various chat messages exchanged between the parties, to submit that the applicant disclosed his marital status prior to Signature NotVerified Digitally Signed By:SANGEETA ANAND Signing Date:15.01.2022 15:14:22 establishment of any physical intimacy. He has also referred to the transcript of at telephonic conversation stated to have taken place between the applicant's colleague and some other lady known to the complainant, wherein there is mention of demand for money. Lastly, it is submitted that the present FIR came to be registered at Police Station Kalkaji on 04.12.2019,whereas the applicant had already lodged complaints with the concerned SHO on 11.11.2019 and 13.11.2019 regarding threats of extortion, blackmailing and defamation.

3. Issue notice.

4. Mr.Hirein Sharma, learned APP for the State, accepts notice and seeks some time to file the Status Report. Ms.Aishwarya Rao, Advocate appears for the prosecutrix/complainant and also accepts notice.

5. Let the Status Report be placed on record before the next date of hearing.

6. Re-notify on 28.02.2022.

7. Till then, no coercive action shall be taken against the present applicant.

MANOJ KUMAR OHRI, J.

JANUARY 14, 2022/v Click here to check corrigendum, if any Signature NotVerified Digitally Signed By:SANGEETA ANAND Signing Date:15.01.2022 15:14:22