SHALAINDER UPADHYAY Vs. GOVT OF NCT DELHI

JUDGEMENT

(1.) By this second application filed under Section 438 of Cr. P.C., the petitioner seeks anticipatory bail in FIR No. 348/2016 under Section 376/506 of Indian Penal Code registered at Police Station Bindapur, District South West, Delhi.

(2.) The prosecution case as per the complaint of one Ms. Manisha Chaurasia is that the petitioner used to study with her in NIIT Varanasi and had friendly relations with her and under the promise of marriage, he made sexual relations with the complainant in September 2007. Complainant did her MBA and started doing a job in Delhi. Accused (petitioner herein) got married on 11th May 2014. The petitioner had prepared obscene and nude videos of complainant at the time of sexual intercourse with her without complainant's knowledge and consent and on the basis thereof, he threatened, blackmailed and continuously raped her. The complainant got engaged and her marriage was fixed for 17th April, 2016 and even after knowing this fact, the petitioner put pressure upon her to break the marriage. It is alleged that the petitioner sent nude photos of complainant to the person she was engaged to be married resulting into their break up.

(3.) Mr. Ajay Kumar Jha, learned counsel for the petitioner contended that the present FIR has been lodged with malafide intention to harass the petitioner and to break the marriage of the petitioner. Learned counsel for the petitioner further contended that the complainant has lodged false complaint against the petitioner even after being aware of the fact that they were in a relationship with each other since the year 2007 and in support thereof the emails/chats exchanged between the complainant and the petitioner are relied upon.