Deepak v. State (NCT of Delhi)
(2018) 253 DLT (CN 8) 8
In the High Court of Delhi
B.A. 1193/2018, Crl. M.A. 9906/2018
Before Justice Anu Malhotra
Decided on June 1, 2018

Relevancy of the case: Anticipatory bail application in a case involving false promise of marriage and publication of obscene photographs on social media

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67, 68)
• The Indian Penal Code, 1860 (Section 376, 313, 328)
• The Code of Criminal Procedure, 1973 (Section 438)
• The Dowry Prohibition Act, 1961 (Section 3)

Relevant Facts of the Case

• The petitioner has claimed that he and the complainant had a long-standing relationship which grew to a point that they were planning on getting married. However, the complainant started asking for money and the petitioner kept on making the payments through Paytm.
• While trying to convince their parents for marriage, the petitioner submitted that he came across the complainant’s illicit relationships with others and discovered that she was an alcoholic. When he asked about the same to the complainant, she threatened to cut her veins and file a false rape case against her.
• He also gave her some medicines without her knowledge which led to her having an abortion.
• In March 2018, the complainant had filed a complaint under the above-mentioned legal provisions at the Model Town Police Station. The petitioner went to the police station and showed the evidence of her illicit relations. On that day, the complainant agreed to sit down with the petitioner and resolve the dispute.
• Section 67 was added as the petitioner had also circulated objectionable photographs of the complainant.

Prominent Arguments by the Advocates

• The standing counsel of the State argued that the complainant was repeatedly raped on the pretence of getting married. The accused further made her undergo an abortion by giving her some medicines without her knowledge. The petitioner had physical relations with the complainant on the false pretence of getting married for a period of four years.

Opinion of the Bench

• The court stated that the nature of content uploaded by the petitioner is sufficient to negate the brant of bail in the present case.

Final Decision

• The anticipatory bail application was declined.

This case summary has been prepared by Shubhangi Gehlot, an undergraduate student at Law Faculty, Maharaja Sayajirao University of Baroda, during her internship with The Cyber Blog India in May/June 2021.