Rajesh Kumar v. The State NCT Of Delhi

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2655/2025 & CRL.M.A. 20674/2025 RAJESH KUMAR .....Petitioner Through:

Mr. V.K. Dwivedi, Advocate.

versus THE STATE NCT OF DELHI .....Respondent Through:

Ms. Manjeet Arya, APP for State.

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 21.07.2025 [Physical Hearing/Hybrid Hearing (as per request)] 1.

The accused/applicant seeks anticipatory bail in case FIR No. 171/2025 of PS Prasad Nagar for offence under Section 376 IPC. 2.

Learned APP at the outset discloses that proceedings under Section 82/83 CrPC have already been initiated against the accused/applicant. 3.

In response, learned counsel for accused/applicant submits that he has good case on merits as the FIR was registered almost 9 years after the alleged incident and there are repeated instances of sexual activity between the accused/applicant and the complainant de facto, which would reflect it to be a case of her clear consent. However, since the proceedings under Section 82/83 CrPC have been initiated learned counsel for accused/applicant seeks permission to withdraw this application with liberty to file appropriate proceedings before the trial court.

4.

The application is dismissed as withdrawn with liberty as sought. GIRISH KATHPALIA, J JULY 21, 2025/ry The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2025 at 12:47:20