The court reinforced that allegations of sexual misconduct and coercion must be taken seriously, emphasizing the gravity of the offense and the need to protect the victim's dignity and safety.

JUDGMENT :

Sanjay Kumar Singh, J.

1. By means of this application under Section 483 of BNS S , applicant Om Prakash Kushwaha, who is involved in Case Crime No. 402 of 2024, under Sections 64 , 74, 351 BNS , police station Sikandara, district Agra seeks enlargement on bail during the pendency of trial.

2. Heard Mr. K.K. Dwivedi, learned counsel for the applicant, Mr. Deepak Mishra, learned Additional Government Advocate representing the State and Mr. Vijay Kumar Mishra, learned counsel appearing on behalf of the first informant / complainant.

3. As per prosecution case, in brief, the victim got a first information report lodged on 19.07.2024 for the alleged offence under Sections 64 , 74 and 351 BNS against the applicant making allegations inter alia that the applicant had an evil eye on her, but she always used to address him as brother from beginning. The accused's younger daughter Ritika and her younger brother Aman were friends since childhood. Due to which applicant managed to send her younger brother to jail in a false case, who is minor. The bail application of her younger brother was rejected by the High Court on 18 September 2023, taking advantage thereof, on 19 September 2023, Om Prakash Kushwaha, called her and asked her to meet him. When she refused to meet him, applicant threatened her that if she did not come to meet him, he would implicate her elder brother Salman and brother-in-law also in a false case. Due to fear, she went to meet the applicant in Subhash Park, where the applicant held her hand and said that he likes her very much. If she marries him, he will buy a separate flat for her and only then he will withdraw the case against her younger brother. When she refused for marriage, then the applicant said that if she cannot marry him, then have physical relation with him and he will take the case back. As such applicant used to call her everyday in this manner and called her to meet at different places. Many time the applicant used to call her to meet him in the car by luring her to withdraw her brother's case and made her to put her hand inside his pant (jeans) and when she went to his house he used to ask her for nude photos and made a video call on WhatsApp and asked her to remove her clothes. Every time he used to say the same thing that if she make him happy, he will take back her brother's case. The F.I.R. further alleges that the victim weeps a lot but applicant used to take advantage of her helplessness every time. The applicant made obscene video of her while sitting in car, and threatened to make them viral and asked her to have physical relation. On 18.07.2024, the applicant called her to meet him and took her to Room No. 206 of Hotel Sikandara Pind Baluchi, Opposite Gurudwara, where he took her into confidence in the hotel by writing on a paper and making a signature that he will get the case of her brother withdrawn and made physical relation with her. He also done carnal intercourse with her and put his penis in her mouth. Her brother Salman and mother Afsana came at the spot and informed the police at 112 from the hotel, on which police brought the victim and applicant to Sikandra Police Station gate. Applicant's wife and brother took him away from the gate of police station itself.

4. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case on account of enmity with the victim and her family members because on 02.06.2022, he had lodged F.I.R. at Case Crime No. 0322 of 2022 at police Station Jagdishpura, Agra under Section 363 and 366 IPC against the victim's brother-Aman Khan for kidnapping his daughter. Much emphasis has been gi