The judicial system cannot be used to facilitate marriages or be manipulated for personal gain. The truth must prevail through investigation.

JUDGMENT

Swarana Kanta Sharma, J. The instant application under Section 438 of the Code of Criminal Procedure, 1973 (`Cr''.C..) has been filed on behalf of applicant seeking anticipatory bail in FIR bearing no. 389/2023 registered at Police Station Bindapur, Delhi for offences punishable under Section 376 of Indian Penal Code, 1860 (`IPC').

2. Issue notice, Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

3. Brief facts of the case, as per FIR, are that the victim has leveled allegations that the victim was employed in Delhi and she had come in contact with applicant in the year 2015 who was employed in Dibrugarh, Assam and they used to interact during course of their employment and job requirements. It is alleged by the victim that initially she had rejected the advances made by the applicant but upon regular insistence of the applicant, she had agreed to become friends with her after about four-five years and they had started talking to each other regularly through phone calls and video calls. It is also alleged that on 20.02.2021, the applicant had taken her to a hotel where physical relations were established between them on pretext of marriage. It is also alleged that the accused/applicant had also taken her to a temple in Najafgarh where he had given impression that they were married, and he had again promised her that they will get married properly later. Thereafter, on this pretext, he had established physical relations with her on several occasions. It is also alleged that the victim had requested the applicant several times to get married in the Court (civil marriage), however, he had kept sexually exploiting her on one or the other pretext. It is also alleged that later on, he had stopped receiving her phone calls and had refused to get married to her. Therefore, on these allegations, the present FIR was registered on 30.06.2023 under Sections 376 of IPC.

4. Learned counsel for the applicant states that the victim/complainant is appearing before this Court with a request to grant bail to the present accused/applicant since now he is ready to marry her. It is stated that the complaint in this case was lodged by the victim on the ground that the applicant had committed rape upon her on false pretext of marriage. It is stated that since both of them are willing to get married now, the applicant be granted anticipatory bail.

5. Learned APP for the State, on the other hand, has strongly opposed the bail application on the grounds that the allegations against the applicant are serious in nature and he has never joined investigation and is absconding.

6. The arguments addressed by learned counsel for the applicant and learned APP for the State have been heard.

7. This Court has also gone through the statement of the victim which is recorded by the police as well as the statement recorded under Section 164 of Cr.P.C. before the learned Magistrate.

8. A perusal of the record reveals that in the present case, the applicant had first moved an application seeking anticipatory bail before the learned Additional Sessions Judge-05, South-West, Dwarka Courts, New Delhi which was argued on merits and the same was dismissed vide order dated 02.08.2023. The same reads as under:

"During the course of arguments, counsel for the applicant/accused submits that accused is a resident of Assam and working in CJ Dasal Logistics, Assam and he has been falsely implicated in the present case. Counsel for the applicant/accused further submits that applicant was the friend of the complainant. It is further submitted that applicant/accused has neither made any promise to marry with the complainant nor he made any physical relationship with the applicant on the pretext of marriage. It is further submitted that complainant has deliberately mentioned only two dates i.e. 21.02.2021 and 21.04.2022 for the alleged offence of rape but on the said dates applicants visited Delhi for his official work. It is further submitted that ap