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ANU MALHOTRA
Deepak Kumar – Appellant
Versus
State of GNCTD – Respondent
ORDER
(through physical hearing)
The applicant vide the present application seeks the grant of anticipatory bail in relation to the FIR No.400/2021, PS Bindapur, under Sections 376/506/406 of the Indian Penal Code, 1860 submitting to the effect that he has been falsely implicated in the instant case; that the relationship between the applicant and the prosecutrix was wholly consensual and that the alleged monetary transaction in relation to which the prosecutrix has alleged to have been duped i.e. Rs.28 lacs is only a civil transaction, qua which, the proceedings in the Civil Court can be initiated by the prosecutrix or she may move under the Negotiable Instruments Act, 1881. It has also been submitted on behalf of the applicant that both the applicant and the prosecutrix belong to the State of Bihar and this aspect has been concealed by the prosecutrix through the First Information Report. It is also submitted on behalf of the applicant that the contents of the FIR do not bring forth the commission of any offence punishable under Section 376 of the Indian Penal Code, 1860 and that the same is sought to be incorporated only through the statement under Section 164 of the Cr.PC, 1973
Prima facie evidence of misrepresentation and dupe influencing the denial of anticipatory bail.
The legal principle established is that consent must involve active and reasoned deliberation, and false promises of marriage must be given in bad faith with no intention of being adhered to at the t....
The consensual nature of a relationship and the potential impact of granting anticipatory bail on the investigation were central to the court's decision.
The main legal point established in the judgment is the importance of the victim's statement under Section 164 Cr.P.C., the distinction between rape and consensual sex based on false promises, and th....
Grant of anticipatory bail based on the absence of criminal antecedents, the applicant's background, and the undertaking to not pressurize the prosecutrix or witnesses.
A married person cannot induce another married person into a physical relationship on a false promise of marriage.
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