News By/Courtesy: Daksha varshney | 21 Aug 2021 15:28pm IST

HIGHLIGHTS

  • The Court also stated that the accused lady had a good chance of eluding justice and refusing to cooperate with the inquiry.
  • According to Jain, the accused lady and her boyfriend wanted a phone, a television, and Rs. 2 lakh in cash, failing which they threatened to file a fake rape charge.
  • Finally, the Court recognised that the accused lady had a good chance of eluding justice and refusing to cooperate with the inquiry.

The Delhi High Court has refused to give anticipatory release to a woman accused of threatening to submit a fake rape allegation: the case of honey trap The Court also stated that the accused lady had a good chance of eluding justice and refusing to cooperate with the inquiry. A woman who reportedly blackmailed a man with fake rape claims in order to extort money from him was denied anticipatory bail by the Delhi High Court yesterday. After an FIR was lodged against her for crimes under Sections 328 and 389 of the IPC (placing a person in fear of being accused of an offense in order to commit extortion), the lady filed a motion for anticipatory release.

According to Jain, the accused lady and her boyfriend wanted a phone, a television, and Rs. 2 lakh in cash, failing which they threatened to file a fake rape charge.

After that, Jain filed a police report. In its decision, the Court emphasized the required and well-established conditions for the issuance of anticipatory bail, which include:

  •  The type and seriousness of the charge, as well as the accused's precise involvement;
  •  The applicant's background, including whether the accused has previously been imprisoned following a court conviction for any cognizable offense. The court must strike a balance between the following two factors when granting anticipatory bail:
  •  The possibility of the applicant fleeing justice;
  •  The possibility of the accused repeating similar or other offenses;
  •  The court must also take into account reasonable apprehension of witness tampering or apprehension of threat to the complainant.

 

One, there should be no impediment to a free, fair, and thorough inquiry; and two, harassment, humiliation, and unwarranted imprisonment of the accused should be avoided. In this case, the Court stated that a review of the FIR revealed that it was a honey trap. Finally, the Court recognized that the accused lady had a good chance of eluding justice and refusing to cooperate with the inquiry. "In light of the foregoing, this Court believes that the petitioner should not be granted bail in the event of arrest," the Court wrote in dismissing the petition.

Section Editor: Lucky Sinha | 21 Aug 2021 18:08pm IST

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Tags : #Delhi High Court #RapeAnticipatory Bail #honey trap #False complaint of rape

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