IMPORTANT POINT
The power of the Court under Section 438 of the Code of Criminal Procedure being somewhat extraordinary in character should normally be used only where it appears that the petitioner before the Court may have been implicated in a false case and there are reasonable grounds to believe that he was not likely to otherwise misuse the liberty of bail, if granted to him.

ORDER

Sunita Gupta, J.— This is a petition under Section 438 Cr.P.C. r/w Section 482 Cr.PC moved by the petitioner for grant of anticipatory bail in case FIR 874/2013 U/s 376/313/328/506 IPC registered with PS Shakarpur, Delhi.

2. The FIR in the instant case was registered on 16th September, 2013 on the complaint of Ms. Babandeep Kaur wherein she alleged that she is 24 years of age. In July, 2004, she came in contact with the petitioner outside the Coffee Home at Nirman Vihar, Delhi and he started showing friendly to her and he then took her at his home where her friend was sitting with her boy friend. Her boy friend was Saurabh’s cousin. On 20th July, 2004, the petitioner proposed her and made tall claims and allurement to her about him and his family and showed a very rosy picture. He told her that he is a graduate and has done B. Pharma and has his Own Gym and also has wholesale shop. However, all these claims made by him were found to be fake at a very later stage. She had fallen in trap of the petitioner and accepted his proposal. They became good friends which continued smoothly till 2010. In the year 2010, Saurabh Jain started compelling her to have physical relations which she refused. But one day he called her at his home and his mother was in another room. Thereafter he gave some drink to her. After taking the same, she became subconscious and he committed forceful rape upon her. For 4-5 days she did not talk to him but then he stated that he will marry her very soon and he succeeded in misguiding her so as to escape from clutches of law. However, it was only a ploy by the petitioner so that she may not complain to police and her family members. He started avoiding about the marriage and thereafter he committed rape number of times against her wishes and consent. In August, 2012, he asked her to make arrangement of Rs.5,00,000 on the pretext of construction of his house and virtually compelled her to bring the said money. Therefore, she gave all cash, some of her jewellery and all her savings to him with the hope that he will marry her. Despite that, he did not fulfil his words and continued to exploit her sexually. In March, 2013, she was shocked to learn that she was pregnant. She informed the petitioner about her pregnancy who asked her for abortion, which was declined, however, he sent her to Navjeevan Nursing Home where it was confirmed that she was pregnant. Thereafter, he pretended that he suffered heart attack on 15th March, 2013 and was admitted in Max Balaji Hospital and on 20th March, 2013 he was discharged. The petitioner sent her to Smart Medicos at Jagat Puri near Shri Ram Hospital for buying some abortion tablets. She took those tablets under his pressure. He took her to lady doctor in Walia Nursing Home, who examined her because there was no action or reaction of that tablet. She got done ultrasound and all. There he spent all the money for the same. After that, he did not talk to her for some days and when he again took her to the doctor and promised that in the year 2013 he will. marry her. Thereafter, petitioner took her to his house in order to meet his mother but her mother told her that she will allow the petitioner to marry her only if her family will give Honda City Car, home appliances, Rs.10,00,000 in cash and marriage function in Le-Meridien. She was shocked to learn about such demands as her parents cannot meet such demand of dowry. Thereafter, she came to know that the petitioner has not only maintained illicit relations with other 2-3 girls and have ruined their lives. On 8th September, 2013, she met a girl namely, Sweety, who was also been betrayed by the petitioner in the same manner. She along with that girl went to the house of the petitioner where petitioner and his mother threatened her and that girl and asked them to go away and that police cannot do anything. In this way the petitioner has committed serious crimes by committing rape on her on many occasions against her wishes and