$~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 The application is dismissed as withdrawn with liberty as sought.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 This is a digitally signed order. 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