KARAN GIROTRA Vs. STATE

JUDGEMENT

(1.) This is an application filed by the petitioner, Karan Girotra for the grant of anticipatory bail in respect of FIR No.262/2011 under Sections 376/328 IPC read with Section 66-A of the Information Technology Act registered by PS:Prashant Vihar, Delhi.

(2.) Briefly stated, the facts of the case are that Shivani Saxena, D/o Sudhir Saxena had lodged a complaint with the Police that she had married to Ishan on 25.9.2009, however, the marriage between them failed within a few days as her husband, Ishan could not consummate the marriage. Both of them started living separately w.e.f. 1.10.2009 and it was amicably settled between them that after the expiry of one year of their marriage, both of them will file a joint petition, on mutual consent, for the grant of divorce, after which both the parties will be free to marry afresh.

(3.) It is further alleged by her that in the course of chatting on the internet, she had come in contact with one Karan Girotra about six years back from the date of the lodging of the complaint. On 3.4.2010, the petitioner is alleged to have told her that he had fallen in love with her and wants to marry her. On this, she allegedly told him that she is already married, whereupon the petitioner said that he would marry her after her divorce. On 15.5.2010, it is alleged that on the pretext of introducing the complainant to his family members, the petitioner called her to his house, that is, Flat No.11, Rama Krishan Apartment, Sector-IX, Rohini, Delhi where she found that there was nobody except his old bed-ridden maternal grandmother. It is alleged by her that, at about 8:00 P.M., the petitioner gave her soft drink, which was perhaps laced with some intoxicant and on consuming the same, she became unconscious. It is stated that when she regained her consciousness at about 10:00 P.M., she found herself completely nude and she also noticed that she had been sexually assaulted. On noticing this, she started crying and she was consoled by the petitioner that she need not worry, as he would fulfill the commitment of marrying her. On 16.5.2010, she was shocked when she received her obscene pictures of the previous night. She confronted the petitioner with the said pictures, whereupon the petitioner represented to her that she need not worry about this and he is going to marry her. It has also been alleged that the petitioner threatened to circulate the objectionable pictures everywhere if she did not keep on maintaining physical relations with him. On the basis of this blackmail, she alleged that she was raped again on 18.5.2010. Subsequent thereto, on 9.7.2010, it is stated that a roka ceremony was held between the petitioner and the complainant at the restaurant, Pind Baluchi in Pitam Pura, Delhi, where the mother of the complainant gifted the petitioner a santro car, jewellery, clothes and various other gift items. It has been alleged that the petitioner kept on sexually assaulting the complainant without her consent and on 12.9.2010, the petitioner informed the complainant's mother that he is breaking the engagement and he returned the car and the other articles, whereupon the complainant lodged a complaint in the month of June and the aforesaid FIR under Sections 328/376 IPC read with Section 66-A of the I.T. Act was registered by PS: Prashant Vihar, Delhi against the petitioner.