SANJAY Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner under section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') for seeking grant of anticipatory bail in FIR No. 292/2017 under Sections 323/376 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at PS, Vasant Kunj South.

(2.) Brief facts of the present case are that on 01.07.2017 a complaint was lodged against the petitioner wherein the complainant stated that in the year 2011 when the petitioner and his sister came to Delhi in search of a job, they sought space for residing in the complainant's house on the assurance that they would vacate the premises as and when they would be able to arrange a separate accommodation for themselves; that the complainant and her husband made repeated requests to the petitioner from the past 3-4 years to vacate their house however, the petitioner demanded money from them to arrange accommodation for himself; that in Feb., 2017 the petitioner despite arranging a separate accommodation, continued to reside in the complainant's house and also demanded money from them; that the complainant and her husband handed over an amount of Rs. 10,000.00 and later Rs. 1,50,000.00 to the petitioner to vacate the premises; that after leaving complainant's house, the petitioner started spreading rumours of illicit relations of complainant with him; that on 16.05.2017, while the complainant was going to work, the petitioner alongwith co-accused Bablu restricted her way and physically assaulted her and also threatened her that they would reveal her nude photographs and videos in their possession, to the public; that on 20.05.2017 when the petitioner and coaccused Bablu called the complainant home on the pretext of settling the matter, the petitioner committed rape upon her and co-accused Bablu recorded the whole incident on his mobile phone; that on 08.06.2017 the complainant was again stopped by the petitioner while she was going for work and forcibly made her sign some papers under threat of making her intimate photos and videos viral; that on 09.06.2017 the petitioner took the complainant to Patiala House Courts, New Delhi and obtained her signatures on certain documents under threats; that hence the present FIR was registered under Sections 323/376 of IPC.

(3.) Mr. Braham Singh, learned Counsel for the petitioner contended that petitioner has been falsely implicated in the present case by the complainant and her husband to extort money and residential premises of the petitioner; that the present complaint has arisen out of a family dispute and no criminal case can be made out against the petitioner; that petitioner is ready to join investigation as and when required; that hence in the aforesaid circumstances anticipatory bail be granted to the petitioner.