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Delhi HC denies anticipatory bail to woman accused of threatening businessman with rape case

The court said that the investigation was at a very nascent stage and the woman was accused of an offence under Section 328 IPC – causing hurt by means of poison, etc, with intent to commit an offence.

By: Express News Service | New Delhi |
Updated: August 21, 2021 8:09:42 am
Delhi HC, south rohini, Rohini police, rape case, delhi news, rohini, indian express, indian express news, delhi news todayPolice told the court that the moment the complaint was filed against her, the woman went into hiding and surfaced only when the co-accused was granted bail. (File)

The Delhi High Court has dismissed the anticipatory bail petition of a woman who is accused of demanding Rs 2 lakh, a mobile phone, and a television from a man under a threat of filing a rape case against him.

“A reading of the FIR shows that this is a case of honey trap. The allegation against the petitioner is that she has threatened the complainant and demanded money. Material on record shows that only when the complainant filed the instant FIR, the petitioner filed her complaint under Section 376 IPC against the complainant herein,” said Justice Subramonium Prasad.

The court said that the investigation was at a very nascent stage and the woman is accused of an offence under Section 328 IPC – causing hurt by means of poison, etc., with intent to commit an offence. “Chargesheet qua the petitioner is yet to be filed. The petitioner’s voice sample has to be taken and the investigation has also to be conducted as to whether there are any other cases in which the petitioner is involved,” it added.

The complainant, a businessman, in his complaint before the South Rohini police station said that he had gone to the residence of an acquaintance on April 1 in connection with a proposed renovation there. He was introduced by the acquaintance to his girlfriend. After consuming a soft drink given by them, the complainant felt dizzy and when he regained consciousness, he alleged that he found the woman in an objectionable position with him.

The duo then demanded a mobile phone, a TV, and the money in cash from the complainant and threatened to register a rape case against him if their demands were not met, as per the complaint. Voice recordings to prove the threats were also submitted to the police by the complainant.

While the case against the duo was registered on April 10, accusing them of honey trapping the complainant, they also filed a rape case on the same day in the same police station against the complainant.

Police told the court that the moment the complaint was filed against her, the woman went into hiding and surfaced only when the co-accused was granted bail. The investigating agency also called it a case of honey trap and submitted that her statement under Section 164 CrPC in the rape case would have no relevance as that is only the first step under the law in a case of rape.

Agreeing with the police submission that the woman’s conduct shows that there was a likelihood of her fleeing from justice, the court said she and the co-accused may also extend threats to the complainant. “This court feels that this is not a fit case where the petitioner should be granted bail in the event of arrest,” it said.

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