The Delhi High Court dismissed anticipatory bail (Pre-arrest Bail) application filed by a person accused of entering into physical relation with the prosecutrix on false pretext of marriage, observing that the accused never showed any intention to marry her and kept the complainant under misconception of fact.
Justice Yogesh Khanna in an order passed on November 22, 2022 accepted the submissions of prosecution and dismissed the anticipatory bail application while discarding the submissions of the accused that due to temperamental differences the accused refused to marry her. The bench further observed that facts does not make any effort to marry her and rather he kept the prosecutrix under misconception of fact that the accused would marry her, whereas he never showed any intention to marry her.
Amit Sahni, Additional Public Prosecutor opposing the bail application submitted that the victim has provided a CD of call recording, whereby threats were extended to her by the accused. The investigation is at initial stage and as such there is no ground to grant anticipatory bail.
“The victim has provided photographs, whereby the victim was blackmailed by the accused by sending wrist cut photos and hanging with fan while blackmailing her to continue physical relations. The chatting between the complainant and the accused also shows that the accused promised the complainant to marry her,” Sahni submitted.
The complainant approached the police alleging that she had a friendship with the accused, who made relations with her forcefully and when the complainant opposed, the accused promised to marry her. Later on such relations continued many times on the pretext of marriage and the complainant became pregnant in 2022 but the accused gave him pill resultantly she had a miscarriage.
The complainant further stated that the mobile number of the accused remains busy in the night and she suspected that the accused has been cheating her, when confronted about it, the accused started sending pictures of his wrist cut and hanging with fan and started blackmailing her.
A police complaint dated September 12, 2022 was made to the Police Control Room (PCR) but the accused had undertaken to marry her and thus the said complaint was not pursued by her. But later on October 4 – October 5, the complainant denied to make physical relation, the accused beat and threatened her.
A case and FIR under section 376, 313, and 506 of the Indian Penal Code was registered on October 7. The accused’s anticipatory bail was dismissed by the Trial Court and he later approached Delhi High Court.