ROHIT CHAUHAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By this application filed under Section 438 Cr.P.C. the petitioner seeks grant of anticipatory bail.

(2.) The petitioner herein is accused of committing the offence under Sections 376/506/328 IPC in FIR No. 39/2013 registered with PS Rani Bagh. As per the prosecuterix, Ms.Rupali Thakur it is alleged that she had an affair with the petitioner, RohitChauhan for the last 3 years and during this period the petitioner had physical intimacy with her on the promise that he would marry her.

(3.) As per the complainant, who is present in court, the petitioner took the complainant to his house at Rishhi Nagar, Rani Baghon 14.2.2010 on the pretext of introducing her to his mother, but since there was no one present in his house, he forcibly had physical relationship with her. It is also the case of the prosecutrix, that when she tried to shout, then the petitioner daunted her that he would kill her and defame her and at the same time he asked her not to worry as he loved her and would marry her butif in case she discloses the said relationship to anyone then the petitioner would harm himself physically. It is also the case of the prosecutrix that the petitioner also gave certain pills to her so that she would not conceive. It is further alleged by the prosecutrix that the petitioner also threatened to kill her family members and to show her obscene videos to her parents and upload the same on 'YouTube', if she dared to refuse to maintain physical relations with him. It is also the case of the prosecuterix, that on 9.7.2012, the petitioner administered some drug in her cold drink, which she drank and again was forced to have physical relations with him. It is also the case of the prosecuterix that on 13.7.2012, she filed a complaint at Police Station, Shalimar Bagh which was later transferred to Police Station Rani Bagh, where the petitioner and his family members were called by the police and they gave assurance that they will arrange the marriage of the petitioner with the complainant only if the complainant withdraws the said complaint. As per the complainant, the marriage was solemnized at AryaSamajMandir, HaritVihar, Burari, Delhi on 10th August, 2012, where the family of the petitioner i.e. his mother Kiran, brother Kitty, cousin brother Vishnu Yadav, petitioner's MassiPoonam, petitioner's other Massa and Massi were all present. It is also the case of the prosecutrix that after the solemnisation of the said marriage, the petitioner did not take her to his house even for a day and rather after two days of marriage, the petitioner and his family members took the prosecutrix to AryaSamajMandir, beat her and forcibly took her signatures on one paper for dissolving the said marriage. It is also the case of the prosecuterix that after the marriage, the petitioner and his family members visited her locality several times and abused her besides creating nuisance outside her house. It is also the case of the prosecuterix that her sister was also threatened whenever she used to go to her school. It is also the case of the prosecuterix that on 3.11.2012, she again made a complaint against the petitioner and his family members in Police Station Shalimar Bagh, and when they were called by the police, they had demanded for one flat and Rs. 20 lakhs if the prosecutrix wanted to live with them. Thereafter, a complaint was filed by the prosecutrix with the Crime Against Women Cell, Maurya Enclave, so as to pursue her complaint dated 13th July, 2012.