Delhi High Court had denied anticipatory bail to a man who is accused of engaging into physical relation with the prosecutrix on false pretext of marriage. As a matter of fact, the accused never showed interest in marrying the complainant and kept her 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 also observed that the facts do not corroborate with the efforts of accused to marry the complainant.
“In the circumstances, the petitioner is not entitled to anticipatory bail considering his conduct of cheating the presecutrix at every occasion and primarily because he does not investigation and has been declared proclaimed offender. The petition is dismissed accordingly.” Said Justice Khanna.
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.
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.