NEW DELHI: The Delhi High Court has denied anticipatory bail to a man accused of sexually assaulting a woman on the pretext of marriage and causing miscarriage, saying he never showed the intention to marry and kept her under a misconception.
The high court said though it has been submitted by the man's counsel that due to temperamental differences between them, he refused to marry her, the facts do not disclose that he ever tried to take steps towards marriage.
Justice Yogesh Khanna said, "Rather the facts show he kept avoiding marriage till their relation became sour, got her aborted, hence always kept the prosecutrix (complainant woman) under misconception of fact (that) he would marry her, whereas he never showed any intention to marry her."
"Coupled with the NBWs (non-bailable warrants) being issued against him, no case is made out for grant of anticipatory bail to the petitioner. The petition stands dismissed," the judge said in an order passed on November 22.
The woman has said in her complaint that the man physically abused her on the pretext of marriage and when she objected to it, he promised he would marry her.
"On this promise, he made physical relations many times due to which she became pregnant," according to the complaint. She has claimed that he gave her some pills after which she suffered a miscarriage.
Additional Public Prosecutor Amit Sahni opposed the man's plea seeking anticipatory bail in the case and contended that the victim has provided a CD containing recordings of threats made by the accused over the phone.
She has also provided mobile chats between her and the man. Sahni said he promised to marry her in these chats, adding that non-bailable warrants have been issued against the man as he did not cooperate in the investigation.
The woman has also stated that not only did the man cheat her but also emotionally blackmailed her by sending pictures of him cutting his wrist or those showing him hanging from a fan in what seemed to be a suicide bid.
She has claimed that in September, the man visited her house and when she demanded he marry her, he quarrelled with her.
When she called the police, he promised to marry her but after a few days, he again tried to establish physical relations with her and refused to marry her, according to the complaint.
The woman has claimed that when she objected to his advances, the man beat her and ran away after which she informed the police.
A case was registered against the man for the alleged offences of rape and causing miscarriage of a woman without her consent under the Indian Penal Code. The man approached a trial court seeking anticipatory bail which was dismissed after which the matter came before the high court.
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