The Delhi High Court has granted bail to an accused in connection with an FIR lodged under charges of rape and assault registered by a woman foreign national after noting that there was a business dispute between the applicant and her, which had been negotiated.
The bench of Justice Manoj Kumar Ohri in an order passed on August 18 said, "I have gone through the complainant's statement recorded under Section 164 Cr.P.C. and at this stage, it would be sufficed to say that the effect of inconsistencies and improvements, would be seen at the time of trial.
"From a reading of the complaint, it is apparent that complainant is a professionally mature businesswoman who has traveled extensively during the period from 2016 to 2019 not only in India but also abroad. She has started to have regularly gone to her native country many times. The complainant also continued to have commercial transactions with the applicant, Court noted.
"Also, neither in her E-mail dated July 21, 2019, addressed to the applicant nor in her letter dated October 18, 2019, addressed to the Police Officials, she mentioned any of the incidents. It was rather stated that there was a business dispute between the applicant and her, which had been negotiated. It was stated that amounts were to be paid by October 31, 2019, failing which an FIR would be filed, Court also noted.
Counsel for the applicant submitted that the complainant is a foreign national aged about 45 years. The present FIR was lodged on November 7, 2019, wherein, the complainant had leveled accusations not only against the present applicant but also against his brother and father.
The applicant along with his family members have been falsely implicated as the dispute is totally between him and the complainant is totally commercial in nature based on inter is business transactions between them, lawyers submitted.
On the contrary Additional Public Prosecutor for the State and counsel for the complainant opposed the bail application and submitted that initially, the applicant established physical relations with the complainant on the pretext of promise to marry, and later, the applicant's brother and father took advantage of the complainant's precarious, position and committed the offense.
It was submitted that the existence of commercial transactions between the complainant and the applicant would not dilute the seriousness of the accusations.
In last while court granted bail said, "Keeping in view the totality of the facts and circumstances and the fact that charge sheet has already been filed, it is directed that the applicant be released on regular bail on his furnishing a personal bond in the sum of Rs.1,00,000 with one surety of the like amount. The applicant shall not leave the NCT of Delhi without prior permission of the concerned Court," Court directed.
( With inputs from ANI )
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