Allahabad High Court stays arrest of RCB cricketer Yash Dayal in sexual exploitation case

The Allahabad High Court on Tuesday stayed the arrest of Royal Challengers Bengaluru (RCB) cricketer Yash Dayal in a sexual exploitation case filed by a woman with whom Dayal was in a relationship [Yash Dayal v The State of UP and 2 Others].

A Division Bench of Justices Siddhartha Varma and Anil Kumar noted that the relationship between Dayal and the complainant-woman continued for five years, and, at this stage, it would be difficult to ascertain whether he made any promise of marriage.

"We have perused the FIR, from which it is apparent that relationship between the parties continued for a span of five years. At this stage, it is difficult to ascertain whether there was any promise of marriage or if there was any such promise, it was a false one from the very beginning with an intention to obtain sexual consent," the Court said.

Therefore, it said that the stay on Dayal's arrest will remain in force until the next date of hearing or until the police files its report before the High Court.

"Till the next date of listing or till the submission of police report, whichever is earlier, the petitioner shall not be arrested," the Court ordered.

Dayal approached the High Court seeking quashing of the First Information Report (FIR) registered against him under Section 69 (sexual intercourse on false promise of marriage) of Bharatiya Nyaya Sanhita.

This was after the complainant accused Dayal of emotional, physical and sexual exploitation over a five‑year relationship, under false promise of marriage.

He refuted the allegations, stating that the woman kept silent for a long time and filed the FIR only after his selection to the Indian Cricket team. The complaint has been filed with an extortion motive, he claimed.

His counsel added that Dayal had provided her financial support during their relationship.

After considering the case, the Court issued notice to the police as well as the complainant-woman and stayed the arrest.

Senior Advocates Gopal Swaroop Chaturvedi and Brijesh Sahai along with advocates Gaurav Tripathi, Raghuvansh Misra and Bhavya Sahai appeared for Yash Dayal.

Advocate Rupak Chaubey appeared for the State.

[Read Order]