Delhi High Court refuses anticipatory bail to man who posed as Army Major on matrimonial site

The Delhi High Court recently denied anticipatory bail to a man who fraudulently portrayed himself as a Major in the Indian Army on a matrimonial website, and was accused of entering into sexual relations with a woman on the promise of marriage (Deepak Kumar v. State of GNCTD)..The Court was of the view that the accused was not working in the Army and had prima facie duped the prosecutrix in order to enter into sexual relations with her.A single-judge Bench of Justice Anu Malhotra ordered,"Taking into account the totality of the circumstances of the instant case which bring forth also through the submissions made now on behalf of the applicant by learned counsel for the applicant that the applicant was apparently not working as a Major with the Indian Army and that thus, it is prima facie apparent that the prosecutrix prima facie appears to have been duped for entering into relationship with the applicant and thus the application seeking grant of anticipatory bail is declined.".Appearing for the accused, advocate Mohd. Mohsin Raja argued that his client had falsely been implicated in the present case under Sections 376 (rape), 506 (criminal intimidation) and 406 (criminal breach of trust) of the Indian Penal Code. Raja further submitted that the relationship between the applicant and the prosecutrix was wholly consensual and that monetary transactions had taken place between them, which were purely civil in nature.However, Additional Public Prosecutor Asha Tiwari opposed the grant of anticipatory bail on the ground that the status report and the statement under Section 164 CrPC supported the contentions that were raised by the complainant of her having been raped by the accused pursuant to a false promise of marriage. She added that the prosecutrix had been duped of money by the accused who promised to secure jobs for her family members. The prosecutrix further told the Court in person that she was duped into the relationship by the accused after she had associated with him on Jeevansathi.com. She also said that all details given by him of his being posted as a Major in the Army were false and that a deeper investigation revealed that he was already married.Apart from this, the prosecutrix alleged that the man had threatened that he would make explicit photographs of her viral on social media in order to defame her. She also submitted that these pictures were clicked without her consent..The State informed the Court that it had sent a letter to the Indian Army bringing to its notice that the accused was using a fake Army identity. In response, counsel for the accused argued that his client was earlier working with the Central Reserve Police Force (CRPF), left that job and was working in a private company..After taking a prima facie view of the accused's guilt, the Court declined to grant anticipatory bail..[Read Order]