ORDER

Date : – 29.11.2022 Heard Mr. A.M. Bora, learned Senior Counsel assisted by Mr. D.K. Vaidya, learned counsel for the accused and Ms. S.H. Borah, learned Addl P.P. and Mr.

N.N. B. Chaudhury, learned counsel for the informant.

2. This application, under Section 438 of the Code of Criminal Procedure, 1973, is preferred by accused/applicant, namely, Ajay Bansal, who has been apprehending arrest in connection with the Dispur P.S. Case No. 1769/2022, under Sections 509/354A(1)(i)/354(D)/376C(d)/427420/109/341 of IPC read for granting pre-arrest bail.

3. It is to be mentioned here that the informant has filed one interlocutory application also for cancellation of interim bail granted by this court to the applicant. And both the petition are heard together and it is proposed to dispose of both the petition by this common order.

4. The said case was registered on the basis of an FIR lodged by one Dr. Sharadi Shreemoyee on 27.07.2022, to the effect that she is the collaborative partner of DHI brand took francisee of the said brand in the year 2015 and she came in contract with Shri Ajay Bansal, the Director and CEO of the said company and befriended with him became close to each other and she fell prey to his predatory practice which lead to him and her to have sexual intercourse. Later on, she came to know that he is a known predator and sexual offender and many women employee and associates fallen prey to him and he abuse the process of law to seek revenge when people do not comply with his wishes. She then distanced herself from him so as not to antagonize him as she is very much dependent upon the continuation of collaboration with the company. And because of the same Ajoy Bansal used to harass her in late hours of night by telling that he was in love with her and want to have sex with her and if she refused he threaten to terminate her clinic as collaborative partner. He also send th one text message on 9 July,2021 saying ‘lets make love before its too late’, in th drunk state and she handled the same tactfully. On 16 June 2022 he threatened to terminate the collaborative agreement if she do not extend him sexual favour and directed his legal team to issue e-mail alleging breach of contract. And since then he and few employee of the company has been constantly harassing her. Then Ajay Bansal again said to her that “All these will stop, if you only say yes or else I will destroy you, you know what happened with Raji.” He also abused her saying that she is a woman of loose character who should not have a problem with sleeping one last time.

5. Mr. Bora, the learned counsel for the applicant, submits that this court was pleased to grant interim pre-arrest bail to the applicant vide order dated 09.08.2022, and pursuant to the said order the applicant has appeared before the I.O. and his statement is recorded and he has been co-operating with the investigating agency and therefore, it is contended to allow this petition. Mr. Borah further submits that no ingredients of the offence under section 376C(d) IPC is attracted here in this case as there was only collaboration agreement between the informant and master franchisee Silver Maple Healthcare Services Private Limited, besides both the parties are adult and consenting parties and the informant has, at her free will, agreed to establish the relationship and there exist no fiduciary relationship. Mr. Borah further submits it was the informant who first initiated the same and in support of the same Mr. Borah has produced before the court the text messages sent by the informant to the applicant. Mr. Borah further submits that the alleged incident took place in the year 2015, but, the FIR was lodged only on 28.07.2022, after long seven years, when she was served with a Notice for breaches and damages from the company on 26.07.2022, and she has to pay to the company a sum of Rs.3,00,00,000/ to the company and as such with mala-fide intention the informant has lodged the FIR. Mr. Borah also s