Bhushan Lal Khanna vs State on 11 July, 2018

1. The applicant of Crl. M. (Bail) 2529/2017 seeks the grant of
anticipatory bail under Section 438 read with Section 482 Code of
Criminal Procedure, 1973 in relation to allegations levelled against
him qua the alleged commission of rape of the prosecutrix Ms. „X‟ of
the offence punishable under Section 376 Cr.P.C. qua which the FIR

Bail Appln. No. 2529/17 Page 1 of 47
with Police Station New Ashok Nagar was registered against the
applicant on 8.6.2017 with the period of the alleged commission of the
offence being from the date 7.3.2017 to 30.4.2017.

2. As per the averments made in the FIR dated 08.06.2017, the
prosecutrix a resident of New Ashok Nagar, Vasundhara Enclave, East
Delhi on 7.2.2017 after having taken a mobile number of the builder
from her name sake brother Dalip Kumar, had gone to see a flat to be
taken on rent where she met Alok Vats of the Newtech Group at his
office and there were conversations in relation to rent and sales and in
the meantime Alok Vats introduced her to Bhushan Lal Khanna, i.e.
the petitioner herein and his partner Sanjiv, and they also insisted that
she had lunch with them and they had lunch at Sagar Ratna and
thereafter she was shown the flat and they came back to the office of
Alok Vats who asked his driver to get her dropped at her residence
and thereafter at about 10:22 p.m. she received a message on the
WhatsApp from mobile No. +12516481314 in which it was stated that
“How r you Shivani-10:22 p.m. This is Bhushan from Atlanta-10:29
p.m.” and on her asking that person told her that he had taken her
number from Alok Vats. The prosecutrix further through the FIR
submitted that she took the message lightly and chatted with that
person and he asked her to make a phone call and WhatsApp call to
her and that night they had a conversation in relation to rent and sales
of flats whereafter there were daily conversations and the petitioner
also told her that one of his apartments was to be vacated and she
could take the same on rent @ Rs. 10,000/- per month. The

Bail Appln. No. 2529/17 Page 2 of 47
prosecutrix stated that she requested that she be allowed to see the flat
but she was not shown the flat and the petitioner kept on repeatedly
making chats and WhatsApp calls to her.

Source: Indian Kanoon

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