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This is an archive article published on March 17, 2022

Accused ‘has clean past antecedents’: Delhi HC while granting bail to rape accused

The court also noted that the nature of the relationship between the parties “was initially consensual and (later) went sore”.

Delhi HC orders eviction of people from Kalkaji Mandir premisesDelhi High Court. (File)

Granting bail to an accused in a rape case, the Delhi High Court said it cannot be ignored that he “has clean past antecedents” and that the nature of the relationship between the parties “was initially consensual and (later) went sore”.

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Justice Anoop Kumar Mendiratta in the order also noted that the investigation in the case has already been concluded and it is listed for framing of charges in July. It cannot be ignored that he is in custody for over a period of nine months, said the bench.

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The case regarding the sexual assault was registered by the police on a complaint moved by a woman against her ex-boyfriend last year. The couple had been in a relationship since 2020 and parted ways in April 2021 due to differences between them. However, according to the complaint, the accused would pressurise her to continue with the relationship and threaten to commit suicide.

“Thereafter, on 21.04.2021, accused/petitioner asked the prosecutrix to return his Aadhaar Card and called the prosecutrix at the flat of his friend wherein he again threatened to commit suicide. However, when the prosecutrix tried to make the accused/petitioner understand, he established physical relations with the prosecutrix forcibly without her consent. Thereafter, the prosecutrix called his friends but the petitioner again threatened to commit suicide and kill the prosecutrix,” the FIR reads.

The prosecutrix further told the police that she did not initially make any complaint regarding the incident on account of fear but later the accused again visited her house in May 2021 and threatened to kill her. He also released her “intimate pictures” among acquaintances and on social media. The accused was arrested in June 2021 and later it was argued before the court that the relationship was consensual and “even the efforts for settlement took place between the parties”.

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