The Delhi High Court recently refused to grant interim protection from arrest to a person accused of confining a woman for a long time and raping her along with his friend.

It is also alleged that the accused had got married to the victim by threatening to make her video and photos viral. The accused is absconding. His first bail plea has been dismissed by the lower court on May 31, 2022. A vacation bench of Justice Anoop Kumar Mendiratta refused to grant interim protection from arrest.

Justice Mendiratta observed, “It cannot be ignored that the allegations have been made against the petitioner as well as co-accused, whereby they are alleged to have repeatedly committed forcible sex with the complainant. Considering the facts and circumstances, the gravity of offence and nature of allegations, no grounds for interim protection are made out at this stage.”

The bench took note of an observation made by the lower court while dismissing the bail, “As per the FIR the complainant was allured by the applicant to fall in love with him and thereafter, got conducted forcible physical relation with her under the threat of making viral her obscene photographs clicked by him. Thereafter the applicant forced her to solemnize their marriage with him under threat of making her obscene video viral. Thereafter, they remained in a room where he used to commit repeated forcible and unnatural sex with her.”

The bench also noted, “In February 2022 the applicant, as well as his co-accused both, had done forcible sex with her under drunken condition several times. In her statement under section 164 Cr.P.C., she corroborated the version.”

The counsel for the petitioner had argued that the FIR has been lodged by the complainant after a delay of three months. He also submitted a consent letter in which she admitted that the marriage was voluntary.

The counsel had also placed reliance on the photographs and WhatsApp messages to contend that prior to parting, the complainant and the applicant had been living happily as husband and wife.

The additional public prosecutor and Investigation officer submitted that the accused applicant is not co-operating in the investigation and is still absconding. A non-Bailable Warrant (NBW) against the accused has already been got issued on May 27, 2022. Custodial interrogation of the accused is necessary and if granted bail, he may dissuade the complainant.

This matter pertains to an FIR registered at Police station Binda Pur, Delhi. Now the matter has been listed on July 25 before the concerned bench.