RAVI BHUSHAN UPADHYAY Vs. STATE

JUDGEMENT

(1.) The instant application under Sec. 438 of the Code of Criminal Procedure, 1973 ("Cr.P.C.') has been filed on behalf of applicant seeking anticipatory bail in FIR bearing no. 389/2023 registered at Police Station Bindapur, Delhi for offences punishable under Sec. 376 of Indian Penal Code, 1860 ("IPC").

(2.) Issue notice, Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

(3.) Brief facts of the case, as per FIR, are that the victim has leveled allegations that the victim was employed in Delhi and she had come in contact with applicant in the year 2015 who was employed in Dibrugarh, Assam and they used to interact during course of their employment and job requirements. It is alleged by the victim that initially she had rejected the advances made by the applicant but upon regular insistence of the applicant, she had agreed to become friends with her after about four-five years and they had started talking to each other regularly through phone calls and video calls. It is also alleged that on 20/2/2021, the applicant had taken her to a hotel where physical relations were established between them on pretext of marriage. It is also alleged that the accused/applicant had also taken her to a temple in Najafgarh where he had given impression that they were married, and he had again promised her that they will get married properly later. Thereafter, on this pretext, he had established physical relations with her on several occasions. It is also alleged that the victim had requested the applicant several times to get married in the Court (civil marriage), however, he had kept sexually exploiting her on one or the other pretext. It is also alleged that later on, he had stopped receiving her phone calls and had refused to get married to her. Therefore, on these allegations, the present FIR was registered on 30/6/2023 under Ss. 376 of IPC.