RAHUL SINGH Vs. STATE

JUDGEMENT

(1.) Arguments heard.

(2.) The present application has been filed under Sec. 438 Crimial P.C. for the grant of anticipatory bail in FIR No. 56/2017, under Sec. 376 IPC, Police Station Karawal Nagar.

(3.) As per FIR, the allegations levelled by the prosecutrix are that she was already married and had a daughter aged about 9 years. There were some differences between the prosecutrix and her husband and she started residing at her parental home. In 2012, the prosecutrix was working in Metro where she met the accused Rahul and thereafter she left her job. In the year 2013, she became friendly with accused. Accused Rahul proposed the prosecutrix and then she informed about her matrimonial life and of her daughter on which accused said that he had no problem with it. Accused asked the prosecutrix to obtain divorce and then they would perform marriage. Both of them had been meeting each other. Thereafter, accused took the prosecutrix to Nainital. On 14.12.2013, they left Delhi and they first time got physical on the pretext of marriage and the same continued thereafter. Whenever they used to meet alone either in the house of prosecutrix or in the house of accused, accused used to get physical with the prosecutrix. Accused got the divorce case lodged against the husband of the prosecutrix. In the meantime, accused made the down payment for the vehicle from the credit card of the prosecutrix. Accused had also taken Rs. 10,000.00 number of times from the prosecutrix with the promise to return the same later on. In Sept., 2016, accused had taken Rs. 50,000.00 from the prosecutrix. When prosecutrix got the divorce decree, she asked the accused to marry her but he refused by saying neither he would marry her nor return the money. It was alleged that the accused maintained physical relations with the prosecutrix for the last three years on the false pretext of marriage.