AKASH VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of first anticipatory bail application under Sec. 438 Cr.P.C. filed before this Court by accused-petitioner Akash Verma in case bearing FIR No. 55 dtd. 5/2/2019 under Ss. 323, 506, 376 IPC, Police Station SGM Nagar, Faridabad.

(2.) The facts that emancipates in the submissions of the two sides are that the present case was got registered by complainant having date of birth dtd. 16/10/1991. In her allegations the complainant alleges that the accused petitioner entered into physical relationship with the complainant on the pretext of getting married and even blackmailed her by showing her obscene photos and on this pretext had been carrying on this defilement of the complainant. The complainant further states that on 27/1/2019, the accused got engaged to another lady and inspite of objections by the complainant, the accused went ahead with it and on the basis of this complaint, the present case was got registered.

(3.) Mr. NS Shekhawat, counsel for the petitioner has made forceful submissions arguing that the complainant is levelling false allegations against the petitioner as she happens to be already married with one Kamal Thapa out of which the couple has been bestowed with a male child Piyush and has sought to make reliance on photographs to this effect. Mr. Shekhawat has argued that the complainant happens to be a grown up mature married lady and rather had been instrumental in making false representation to the petitioner enticing him to enter into this relationship with her and thus, blackmailing him and entire allegations are unsupported by any medical means and thus, termed such relationship to be consensual relationship between two grown up persons. By placing reliance on Prashant Bharti vs State of NCT of Delhi, 2013(3) R.C.R. (Criminal) 399, counsel for the petitioner has sought allowing of the bail.