DEVRAJ BISARIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on this first application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on behalf of petitioner Devraj Bisariya in Crime No. 832/2017 registered by P.S. Hoshangabad, district Hoshangabad under Section 376(2)(n) of the I.P.C.

(2.) As per the prosecution case, the prosecutrix is a 21 years old married woman. On 26th September, 2015 petitioner Devraj who lived in her locality started to stalk and tease the prosecutrix. The prosecutrix opposed the teasing. Once the prosecutrix was bathing in river Narmada. The petitioner took her objectionable photograph. On the basis of aforesaid photograph, he started to blackmail the prosecutrix and called her at his home and used to rape her. The prosecutrix married one Sandeep Sahu on 5.2.2017. Even after that, the petitioner kept blackmailing and harassing the prosecutrix. He used to threaten that if the prosecutrix did not go to meet the petitioner, he would show aforesaid photograph to her husband and would ruin her life. Whenever the prosecutrix visited Hoshangabad, the petitioner used to call her. Due to aforesaid photograph, the prosecutrix was constrained to go to the petitioner. Once the prosecutrix disclosed everything to her husband and lodged the report in the police station.

(3.) Learned counsel for the petitioner submits that he has been falsely implicated in the case. The petitioner and the prosecutrix had a romantic relationship since before the marriage of the prosecutrix. At the instance of the prosecutrix, the relationship was continued even after the marriage; however, since the husband of the prosecutrix learnt about the relationship, he pressurized the prosecutrix in lodging the first information report. In support of aforesaid contention, the petitioner has filed several photographs. In one of the photographs the prosecutrix is wearing a mangal sutra.