VINAY JAIKUMAR Vs. STATE

JUDGEMENT

(1.) The instant application under Sec. 438 of the Code of Criminal Procedure, 1973 has been filed on behalf of applicant seeking grant of anticipatory bail in case FIR bearing no. 70/2019, registered at Police Station Paharganj, Delhi for the offences punishable under Sec. 376 of Indian Penal Code, 1860 ('IPC").

(2.) Brief facts of the case are that on 12/3/2019, present FIR was registered on the complaint of one Ms 'I' whereby she had alleged that in June, 2013, after passing 12th standard, she had come to stay in the house of her relative i.e. the accused herein for the purpose of finding a job, and the accused had got her admission in a sewing centre. It is alleged that one day in June, 2014, at about 12 PM, when the complainant was alone at home and was taking bath, the accused had entered the bathroom and had clicked some inappropriate nude pictures of her. Thereafter, he had started blackmailing her and after 10 days, he had made forcible physical relations with her against her consent. Thereafter, the accused had blackmailed her with nude photographs and had repeatedly made physical relations with her. It is also alleged that even after she had got married, the accused had kept on harassing. On these allegations, the FIR was registered on 12/3/2019. During investigation, the complainant was medically examined and her statement was recorded under Sec. 164 of Cr.P.C. During investigation, she had also produced a mobile call recording of accused wherein the accused had threatened to kill her husband and had also pressurized her to leave her husband.

(3.) Learned counsel for accused/applicant argues that the accused has been falsely implicated in this case and the FIR was registered after the considerable delay of more than three years. It is stated that chargesheet in this case has been filed without arrest of the accused since he was granted interim protection by this Court. Learned counsel for the applicant states that the victim had obtained a loan of Rs.2,41,000.00 from the accused on the pretext of getting customer service point and Jan Sewa Kendra (JSK) from Sahaj e-village Ltd. and had assured that the said amount will be repaid within 3 to 6 months. But after the expiry of said period, the victim had sought time of about two years to repay the same. It is pointed out that on 15/7/2016, an undertaking/affidavit was executed between the parties wherein the victim had agreed to return the loan amount of Rs.2,41,000.00 with interest @ 10 per cent quarterly. It is also stated that a civil case is pending between the parties regarding return of the said loan amount by the victim to the accused. It is argued that the father, husband and other relatives of the victim had been threatening and harassing the applicant. Therefore, it is prayed that interim protection granted to the applicant vide order dtd. 1/5/2019 be made absolute and present application be allowed since the applicant has been falsely implicated in the present case.