SWATI PATEL Vs. STATE

JUDGEMENT

(1.) The instant application under Sec. 439(2) read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioner seeking cancellation of anticipatory bail granted to respondent no. 2, in case FIR bearing no. 162/2021, registered at Police Station Connaught Place, Delhi, under Ss. 376/376(2)K/506/201/120B of Indian Penal Code, 1860 ('IPC') vide order dtd. 25/9/2021 passed by learned Special Judge, PC Act, CBI-23, Rouse Avenue, District Court, New Delhi ('Sessions Court').

(2.) Brief facts of the case, as disclosed from the impugned order, are that the accused/respondent no. 2 herein was a sitting Member of Lok Sabha from Lok Janshakti Party and the petitioner/prosecutrixwas a political worker of Lok Janshakti Party, and had joined the same in December, 2019. Both the accused and the prosecutrix had lodged cross FIRs against each other. In the first FIR bearing no. 27/2021, P.S. Parliament Street, lodged by the accused against the prosecutrix, the allegations of extortion were levelled against the prosecutrix. In the FIR lodged by the accused, it was alleged that in the month of February, 2019, prosecutrix had met the accused at his residence in New Delhi as a political worker and had offered her assistance in the political field. Thereafter, both had exchanged the telephone numbers and had started spending time together. Thereafter, on 16/6/2020, the prosecutrix had insisted that she wanted to visit the accused and had given an impression to him that she really likes him. On 18/6/2020, the accused had gone to the house of the prosecutrix in Ghaziabad and there, she had seduced him to have physical relations with her. Thereafter, on couple of occasions, the accused and complainant had physical relations at her residence in Ghaziabad. In the month of August, 2020, the accused had come to know that the prosecutrix was already in relationship with one Amar. This fact had come to the knowledge of accused when he had received a call from Amar from the mobile phone of the prosecutrix. It is further alleged in the said FIR, that after the accused had come to know about the relationship of prosecutrix with Amar, he had started maintaining distance with the prosecutrix and used to avoided making calls and sending messages to her. Thereafter, the prosecutrix along with her friend Amar had started sending threatening messages along with screenshots of video footage prepared by the prosecutrix during one of his visits at her residence in Ghaziabad. The prosecutrix and Amar had threatened the accused to upload the obscene video and pictures taken by the prosecutrix on social media platform in case Rs.l Crore was not paid to the prosecutrix. Both of them had also threatened to implicate him in a false case of rape. The accused under pressure and fear of being defamed in public had given Rs.2.00 lacs in cash in three-four installments to the prosecutrix, however, the demands of the prosecutrix did not end. Therefore, the accused was compelled to lodge the FIR bearing no. 27/2021, P.S. Parliament Street against the prosecutrix and her friend Amar for offence of extortion. Along with the complaint, the accused had also provided the copy of WhatsApp chats and transcription of audio recordings. The accused in the said FIR, who is the prosecutrix in the present FIR, was granted anticipatory bail in that case. As revealed, after three months of lodging of the FIR, prosecutrix herein had sent a complaint dtd. 31/5/2021 through speed post to SHO, P.S. Parliament Street, New Delhi and thereafter, had further sent a complaint dtd. 28/6/2021 to the SHO, P.S. Connaught Place, New Delhi alleging that the prosecutrix had gone to meet the accused in his Western Court office in February, 2020 where she was offered a glass of water and after drinking the same, she had started feeling dizziness and had become unconscious. On regaining consciousness, she had found her head on the shoulder of accused and when she had asked the accused as to what had happened, he told her that she had felt dizziness. Thereafter, in the month of March, 2020, she had again gone to the office of accused where he had started touching prosecutrix inappropriately, and when she objected to the same, the accused had shown a video to her in which accused was making physical relations with her. In the said video, face of the prosecutrix was clearly visible whereas face of the accused was hidden. Thereafter, accused had offered to marry her and threatened her that in case she did not comply with his demands, he will publish the obscene video of the prosecutrix. It was further alleged that on the basis of threat of uploading the obscene video of prosecutrix on social media, applicant/accused had physical relations with her on number of occasions at her residence in Ghaziabad. It is stated that to further threaten her and further to compel her to remain in physical relationship with him, accused also got removed banners and posters of the prosecutrix against which the prosecutrix had made a complaint in writing on 8/1/2021 to the President of Lok Janshakti Party. However, no action was taken on the said complaint. Therefore, prosecutrix left the said Party in February, 2021 and joined another political party i.e. Janta Dal United. It was also alleged that accused had got a false FIR lodged against the prosecutrix and during the course of investigation, police had conducted raid at her house and had seized her laptop and mobile phones, and she was also made to sign some blank papers in the police station. Based on the complaints dtd. 31/5/2021 and 28/6/2021, the SHO of PS Connaught Place had initiated inquiry into the allegations made by prosecutrix which had been made after 16-17 months of delay. After inquiry, the police had concluded that allegations made by the prosecutrix did not inspire confidence and no cognizable offence was disclosed, and no action was taken on the complaint of the prosecutrix. Thereafter, the prosecutrix had approached the court of learned ACMM-1, RADC, New Delhi by filing an application under Sec. 156(3) of Cr.P.C. On 14/7/2021, after calling Action Taken Report from PS Connaught Place, the learned ACMM had directed the SHO, PS Connaught Place to register an FIR against the accused/respondent no. 2. Accordingly, the present FIR was registered against the accused for commission of offence of rape, criminal intimidation and destruction of evidence, and the investigation was conducted.

(3.) Vide order dtd. 25/9/2021, which has been impugned before this Court, the accused/respondent no. 2 was granted anticipatory bail by the learned Sessions Court.