ABHISHEK JAIN Vs. STATE

JUDGEMENT

(1.) This application under Section 438 of the Cr.P.C. has been filed by one Abhishek Jain in case FIR No.128 of 2013 registered in PS Saraswati Vihar, North West District under Section 376/420/506/34 of the Indian Penal Code.

(2.) The application has been filed in the following circumstances. The complainant, Nirmal Kaur alias Neha Gabree, is aged 24 years and is working as Assistant Accounts Manager in a firm in Delhi. She got married to the applicant on 4.3.2013 in the Arya Samaj Mandir Trust. The marriage was also registered by the Registrar of Hindu Marriages, Ghaziabad on 4.3.2013. On 30.3.2013 the complainant filed a FIR against her husband Abhishek Jain, the applicant herein, stating that he raped her on the false pretext of marriage and also threatened to kill her. She referred to her earlier complaint dated 25.2.2013 where she had stated that Abhishek Jain was having an affair with her for more than two years before the marriage and that during that period, he had raped her several times in the false pretext and promise of marrying her. She also alleged that even after marriage he continued to torture her and physically abuse her. Action was therefore requested to be taken against the applicant/accused.

(3.) Apprehending arrest, the accused has filed the present application for anticipatory bail, the bail application filed by him before the Additional Sessions Judge having been dismissed by order dated 25.4.2013.