BINAY KUMAR CHAUHAN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The applicant vide the present petition seeks the grant of anticipatory bail in relation to FIR No. 150/2020 Police Station Timarpur under Section 376 of the Indian Penal Code, 1860. Vide order dated 6.8.2020 it is indicated that the status report that was submitted by the State along with the brief synopsis indicated inter alia that Section 3(1)(r)(s) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 had also been added apart from Section 376 of the Indian Penal Code, 1860. In the instant case, the prosecutrix joined the proceedings through video conferencing on 7.8.2020 and in as much as she was not assisted by any counsel and stated that she did not have any funds to engage any counsel was provided legal assistance through the Delhi High Court Legal Services Committee. Vide order dated 14.8.2020 it was directed that the applicant be not arrested subject to his not leaving the city and not making any contact with the complainant and the prosecution witnesses and subject to the applicant keeping his mobile phone on at all times and dropping a pin on the Google map to ensure that his location is available to the Investigating Officer and subject to the applicant joining the investigation as and when required by the Investigating Agency till the pronouncement of the orders in the application under consideration.

(2.) On behalf of the applicant it has been submitted that there is a delay of three years in lodging of the complaint and the FIR with the alleged main incident of sexual intercourse being of the period of dates from 9.5.2017 to 11.5.2017 and that the petitioner met the complainant only once or twice in the month of June 2014 when he had come to Delhi for preparation of competitive examinations and during the period January 2014 to July 2014 stayed at house No. C-358, Nehru Vihar, New Delhi with his friend Dhiraj, and thereafter returned to his hometown and thereafter visited Delhi once or twice which aspect could be ascertained from the said person named Dheeraj and that the petitioner was not even in Delhi on 9.5.2017 when he is alleged to have come into the room of the complainant and threatened her and put vermilion/sindoor and allegedly stated that he accepted the complainant as his wife and thereafter made physical relations with her and then also gave her pills for abortion. The applicant submits that in the year 2017 he was a research scholar and was pursuing regular Ph.D. in Sociology and submits that he used to regularly attend classes at TD College, Jaunpur which records can be verified and which college is at a distance of 800 km from Delhi and the factum of the applicant being at Jaunpur on 9.5.2017 can be verified.

(3.) Inter alia, the applicant submits that on 13.3.2020 he visited the Police Station Timarpur pursuant to a notice issued by SI Neelam of Police Station Timarpur in view of a complaint dated 12.2.2020 made by the complainant and joined the enquiry. The petitioner further submits that the complainant along with her family members was present and pressurized the petitioner to solemnize the marriage to the complainant but the applicant submitted before the police that the allegations levelled against him were false and fabricated and that there was no question of marriage with the complainant whereafter the applicant left the police station and went to the flat of his friend, named, Satish Shukla situated at Nehru Vihar and in the evening the complainant with her family members reached outside the said flat and again pressurized the petitioner to solemnize the marriage with the complainant and when the petitioner refused to get married to her the complainant and her family members threatened that they would implicate the petitioner in a false case of rape.