Nitin Rao vs State Of Himachal Pradesh

Virender Singh, J

Apprehending his arrest, in case FIR No.35 of 2024 dated 15.11.2024 (hereinafter referred to as the ‘FIR in question’), registered under Sections 376, 323, 506 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), with Women Police Station Dharamshala, District Kangra, H.P., the applicant has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).

By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Women Police Station Dharamshala, to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.

According to the applicant, he has falsely been implicated, in the present case, at the instance of complainant.

According to the case, pleaded by the applicant, he and complainant/prosecutrix had started the business in the year 2017. In this regard, partnership deed was also executed. Thereafter, they had started residing jointly and according to him, their relationship was live-in relationship.

As per the applicant, even in the month of February, 2021, betrothal ceremony was also held. However, their relationship became strained. Thereafter, according to him, complainant had started misusing their account by withdrawing huge amount from time to time and as such, it has become difficult for the applicant to run business with the complainant and ultimately, they had decided to part their ways in June, 2023.

It is the case of the applicant that thereafter, complainant had started blackmailing him by demanding money or threatening to implicate him in false cases. In this regard, the applicant has relied upon the complaints, which were allegedly made on 01.09.2023 and 03.09.2023, along with an affidavit filed with the police station on 01.09.2023.

It is the further case of the applicant that thereafter, he has decided to marry with one Supriya Nigam and in this regard, betrothal ceremony with said Supriya Nigam was held, in the month of July, 2024 and according to his further stand, his wedding has been fixed for 28.11.2024.

It is the further case of the applicant that when, the complainant came to know about this fact, she has lodged the FIR, in question.

On the basis of above facts, certain undertakings have been given on behalf of applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the police/I.O., in this case.

When, the present case was firstly listed, before this Court, on 22.11.2024, on that day, Mr. Narender Thakur, Advocate has put appearance, on behalf of the complainant and thereafter, the State was directed to file status report.

Thereafter, the police has filed the status report, on 22.11.2024, disclosing therein that on 14.11.2024, the complainant, along with her mother, appeared before the police and moved the complaint, mentioning therein, the following facts:-

“Application for registration of an FIR against Nitin kumar Rao son of Sh Sikander Rao at present Resident at Utopia Hostels Dharamkot, Mcleodganj Dharamshala, Kangra, Himachal Pradesh. With due respect I would like to submit the following lines for your kind Consideration for registration of FIR and investigation against Nitin kumar Rao son of Sh Sikander Rao at present Resident at Utopia Hostels Dharamkot Mcleodganj Dharamshala Kangra, Himachal Pradesh. I just returned from the UK in Year October 2016 after completing my post Graduation degree and wanted to start something of her own where I met Nitin through a mutual friend and in the Year February 2017 Nitin Kumar Rao proposed me for a marriage after that our families met at Dharamkot Himachal Pradesh in 2017. After that Nitin and me to developed common interest of starting the business together on which i left my personal life and work back in the UK and left my family and friends back in Delhi shifted here in Mcleodganj in march 2017 only on the trust and faith on Nitin. I am resident of zone H-4/5 House no 38 suvidha kunjPitampura Delhi 110034 and at present I am residing with my mother at residing at House No.18 upmuhal, Ramnagar, Near katoch cable shop, Dharamshala 176215.

With the passage of time I developed a sense of faith over Nitin. Nitin was pursuing his CA course as per his version. Nitin told me about his family that he has not received much of affectionate atmosphere in his life. With the passage of time Nitin successfully won the trust of my family and he started coming at my home and used to discuss lot of ideas of the business of tourism & my marketing skills can do wonder in the above business. Actually during all this Nitin won full confidence over me and my family who also propose me several times that he will live whole life with me and will marry me and he also told me that he is looking the love and affection in me and my family which he is missing since his childhood. Furthermore he used to pitch lot of business ideas of developing multiple tourism set up in the Himachal. In other words he proposed me for marriage which, at the outset, I accepted. I told Nitin that though I studied abroad but I strictly follow the sanatan system of living and that 1 am a monogamous. With the consent of my parents and in deep discussion with the Nitin under the shadow of the trust, comfort we started searching the places for a tourism set up in Himachal and we ended up at Dharamkot; after a market survey, supply chain and other related business opportunities. It is pertinent to mention here that all the financial part was taken care of by my family jointly and the Nitin contributed the money which he took on loan in interest from his personal relations eventually it was paid by my family only. Actually it was convinced by the Nitin to me and my family that instead spending money for my marriage, they should invest the said money in the tourism business which will be ran by me and Nitin And from that business money we will arrange marriage ceremony on our own. For the business I genuinely inducted all my studies and experience to set up the business, marketing and operations. It was my studies experience and vision that shaped up the business and ultimately monetized it. Ultimately we inaugurated the property on 28th Sep 2017. The Nitin do not used to take part in the business actively and all the work like front office/reception work, interaction with the guests, accommodating them, handling staff etc, was done by me only as Nitin was not good enough for communication with the guests. In fact the Nitin started taking care of the accounting as well as paper work part of the business at his own. Nitin started to create other property exclusively for his own use from business money as well as money taken from my parents emotionally and I came to know about all this only after long time. I could not understand that the Nitin is using me my skills to financially empower only him. The capital of around 72.00 lakhs was invested by my parents which was given on the context of promise of marriage. It is pertinent to mention here that the above said Nitin tried to pursue me to have physical with me but I refused prior to the marriage. But in the year 2019 meantime couple of time he forcibly made a sexual intercourse with me and I got pregnant on which he made me abort at Sood nursing home Nagrota Bagwan. After that I pressurized him to get married but he gave many monetary excuses that he doesn't have enough money to perform any marriage ritual, for the same my parents had to come in the picture again and told Nitin to perform marriage on Which Nitin again gave emotional and financial excuses to not to get married on which my parents decided to get us engaged on their own expenses And on 22nd month February 2021 my parents organised and performed our engagements ceremony in the front of all relatives and friends. From his side he introduced his friends family as his family and all the ritual of sister is performed by his friend’s sister named Supriya and the ritual of Nitin mother was performed by Supriya’s mother. Overall with time Nitin started showing his true colour and malicious intentions in many aspects of Business and personal Life. His main focus was only to extract more and more money from my family whether to receive it by emotionally or by mentally abusing me and by manipulating me and my family in context of marriage to receive more and more money. Sometime when my parents were not in a position to help us financially then at first he blackmail me on context of marriage and the he started assaulting me physically only to fulfil his goal taking money from my parents it was an extremely devastating situation for me. After the above act Nitin affirmed all the promises of marriage and gave me death threats. And in 16 July 2023 after the dawn he came to my room in a drunken state and forcibly had wild sex with me against my will which shocked me and I was shattered then eventually after gaining little bit of strength I shared this with my mother which left them shocked as well as we all had our faith and trust on Nitin. Finally my parents came and confronted Nitin for all wrong doings on which he assaulted my father physically as well. Then he gave me or my family death threats and further told me that he belongs from Gorkhpur and has a deep criminal connection and I got highly depressed and traumatized by the act and conduct of Nitin. After this, I was unable to even have food and was not able to get off the bed, which resulted me to take medical help which lasted for many months. In august 2024, me and my family came to know that Nitin got engaged to the same women whom he earlier introduced as his sister on our engagement named Supriya. The Above Nitin has robbed my money self-respect and used physically to satisfy his lust, forcibly. The Nitin has cheated with me, played fraud with me, misused my invested money and earned money to build his own personal benefits. I request your good self to take appropriate steps to bring the above Nitin behind the bars and further to make him to return my money which stands, for Rs.72.00 lakhs (approx.) only and further to book him for forcibly carry sex with me on pretext of promise to marriage.”

On the basis of above facts, police registered the case and thereafter, the criminal machinery swung into motion.

During investigation, on 15.11.2024, the prosecutrix was produced, before the doctors in Zonal Hospital, Dharamshala, where, her medico legal examination was conducted. The physical evidence was collected, which was taken into possession, by the police. Thereafter, the correspondence was made to the service provider to provide CDRs of mobile Nos.83186-93952, 88604-98146 and 90133-53460 w.e.f. 01.11.2024 to 15.11.2024.

Thereafter, on 16.11.2024, the statement of the prosecutrix, under Section 180 of BNSS was recorded. Thereafter, she was produced before the Court of learned JMFC-I, Dharamshala, where, her statement, under Section 183(1) of BNSS, was recorded. On 17.11.2024, the prosecutrix has identified the spot and spot map was prepared.

After perusing the status report, interim protection was granted to the applicant, with a direction to join the investigation.

In the status report, which has been filed on 27.11.2024, the police has further submitted that on 22.11.2024, from Nursing Home at Nagrota Bagwan, the record of MTP (medical termination of pregnancy) Register was taken into possession, in which, the name of the prosecutrix has been entered at Sr. No.6. Thereafter, on 23.11.2024, the applicant has appeared, before the police and joined the investigation. On that day, the applicant has disclosed to the police that his marriage is scheduled to be held from 25.11.2024 to 28.11.2024. As such, as per the directions of this Court, he was released on bail, subject to the furnishing personal bond, in a sum of Rs.50,000/- to the satisfaction of the Investigating Officer. The applicant has assured that he will again join on 02.12.2024, in the investigation of the case.

Subsequently, on 02.12.2024, the complainant has also filed the application for cancellation of bail, on the ground that the applicant has concealed the true material facts from this Court.

It is the case of the complainant that the applicant has committed a serious/heinous offence. The applicant and the complainant remained in relationship since 2019. Their betrothal ceremony was also held on 22.02.2021 and the applicant has introduced one Supriya Nigam as his sister and she performed the rituals of sister, in the said ceremony.

It is the further case of the complainant that the applicant is now going to solemnize marriage with a lady, whom, he had introduced as his sister, as such, it has been pleaded that the applicant has ruined her life. According to her, in case, the applicant is able to marry the said girl, the life of the complainant/prosecutrix will be ruined and spoiled.

Not only this, the complainant has pleaded that the applicant had himself introduced the said girl as his sister, at the time of MTP, in the year 2019 and during the betrothal ceremony.

On the basis of above facts, a prayer has been made to cancel the interim protection, which has been granted to the applicant.

In the status report, which has been filed on 24.12.2024, it has been pleaded by the police that on 02.12.2024, the applicant was medico legally examined, in the Zonal Hospital, Dharamshala and as per the stand, taken by the police, nothing is to be recovered, nor anything is to be enquired from him.

In the said status report, it has been pleaded that on 21.12.2024, the complainant had put forward three different complaints to Women Police Station, Dharamshala, through e-mail. In those complaints, she has requested to secure the retrieved evidence, as well as, also levelled the allegations against the applicant that he, through some unknown person, had threatened her landlord, upon which, on 07.12.2024, ASI Rita Kumari visited the spot and enquired from the complainant, who has disclosed that the applicant is threatening the landlord, from whom, she has purchased the property. Subsequently, ASI Rita Kumari has directed the complainant to make statement, for which, she was requested to come to police station on 20.12.2024, but, she did not appear.

Thereafter, on 23.12.2024, the complainant was again requested on her mobile phone, upon which, she has expressed her inability to come, upon which, ASI Indu visited the rental premises of the victim and recorded her statement, in which, she has alleged that applicant-Nitin Rao is trying to destroy the evidence from her room in Utopia Hostel and office. She has also alleged that the applicant has threatened her landlord and told her landlord that she has lodged a false rape case against him and directed the landlord to get the rental accommodation vacated.

On the basis of above facts, police has put forward the case that the relatives and family members of the applicant are required to be enquired. As such, a prayer has been made to dismiss the application.

In this case, the complainant, along with her father, had joined the proceedings, through video conferencing, for almost last three hearings and from the very first day, their counsel is also appearing, in this case.

It is not the case of the police that on the basis of e-mails, which were received on 21.12.2024, any cognizable offence is made out against the applicant, nor they have registered any case against the applicant.

Merely, on the basis of the complaint, which was allegedly made, the relief to the applicant, to which he is otherwise entitled to, cannot be declined, as, it is the same police, which has categorically stated in the earlier status reports that nothing is to be recovered from the applicant, nor anything is to be enquired into from him.

In such situation, the present bail application cannot be rejected, as a matter of punishment, as, pre-trial punishment is prohibited under the law. The accused is presumed to be innocent, until proven guilty.

Considering the totality of the circumstances, according to which, the applicant and prosecutrix, at one point of time, were having the proximate relationship, but, compelled by the circumstances, now, the complainant had levelled the serious allegations, against the applicant.

As per the directions of this Court, the applicant has joined the investigation. Considering the fact that he has not only joined the investigation, but, cooperated with the police, no justifiable cause has been put forward by the police for custodial interrogation of the applicant.

Considering all these facts, this Court is of the opinion that the interim order, dated 22.11.2024, is liable to be confirmed. Consequently, interim order, dated 22.11.2024, is made absolute, subject to the following conditions:

a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;

b) That the applicant will not leave India, without prior permission of the Court;

c) That the applicant will not directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and

d) That the applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application;

Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.

The applicant is directed to move regular bail application, when chargesheet will be filed in the competent Court of law.

It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.