ANANDA D.V. Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS is an application u/s. 439 Cr.P.C. for grant of bail filed on behalf of the applicant Ananda D.V. in FIR No. 455/2013 u/s. 376/380 IPC, PS Safdarjung Enclave. It is submitted by Sh. Avi Singh, Advocate for the petitioner that as part of applicant's regular duties, he had to work with a vendor of Maruti Suzuki India Limited -NIIT Evolve, whose offices are at Gurgaon. During meetings in Vasant Kunj, office of Maruti Suzuki in Gurgaon the applicant, aged about 28 years, met the complainant aged about 35 years. After two months of regular interaction, their friendship developed into a genuine relationship sometimes in the beginning of March, 2013. Although the complainant continued to live with her family, however, she also visited the applicant's house at Arjun Nagar once or twice a week. Their relationship started to undergo strain sometimes in the middle of May, 2013 when the complainant began to speak against the applicant's parents. The applicant tried to distance himself from the relationship but the complainant was persistent and used to coerce him and threaten him in order to continue the relationship. She also kept asking the applicant not to talk to his parents and friends and only spent time with her. In July, 2013, the complainant sent the applicant threatening messages. On 25th August, 2013, she came to the applicant's house in Arjun Nagar and demanded that he should inform his family about their relationship. The applicant called his family who were shocked and surprised. The complainant took 10 tablets of Vitrol but she did not swallow them and the applicant was able to get her to spit it out. She then slept till 6:00 pm on 25th August, 2013. The complainant locked herself in the room and did not come out till midnight. The applicant got panicked and called a friend in Bangalore asking him to come to support him in Delhi. However, when the complainant came to know about the same, she threatened the applicant's friend with criminal charges if he comes to Delhi. She also threatened applicant that she would cause harm to his family and even kill herself if he did not transfer all the money in his bank account. He transferred Rs. 3,50,000/ - from his account to her account in ICICI Bank electronically.

(2.) ON the intervening night of 25th/26th August, 2013, the applicant sought the intervention of his landlord. She made a missing person report at PS Safdarjung Enclave which was false. In a conversation recorded, the complainant, on 4th September, 2013 has clearly stated that her feelings for the applicant are intact and she was a willing and consensual party to the relationship. The applicant has been attempting to file a complaint of intimidation and harassment against the complainant at PS Safdarjung Enclave. On refusal by the police station to register the complaint, the applicant was constrained to file a complaint with DCP, South on 19th September, 2013. It was submitted that the conduct of the complainant clearly reflects that it was entirely consensual relationship. The applicant has roots in the society. He is aged about 28 years and an engineer. He is in custody since 20th September, 2013. As such, he be released on bail. Reliance was placed by the petitioner on the following judgments: -

(3.) ON the other hand, learned APP duly assisted by Sh. Puneet Mittal, learned counsel for the complainant, submitted that the accused allured the complainant to marry her, which was refused by the complainant but on his insistence, he took her into confidence. The accused and the complainant also lived together at Gautam Nagar and thereafter reference was made to the detailed complaint made by the prosecutrix for submitting that till date even charge sheet has not been submitted, as such, applicant is not entitled to be released on bail.