The case pertains to a young boy to accused to committing rape on the pretext false marriage. The boy is resident of a village in Haryana and the Girl is a resident of Delhi. Both of them met each other in Casual Dating website, Tinder, after which they got in touch with each other on Facebook and WhatsApp during the month of June,2020 during the Coronavirus Pandemic.
The relationship moved forward with intimate pictures being shared on the WhatsApp chats. Then both of them met each other in Delhi in the latter half of June,2020 with boy travelling all the way from his village in Karnal District in Haryana to Delhi. This was the first time when both of them entered into a physical relationship. The boy return back to his village, everything was going fine in their relationship, they were talking regularly on video call, chats. The Girl again insisted on meeting as it was her birthday but the boy showed some resistance to coming all the way to Delhi. But the girl remained adamant and travelled all the way from Delhi in a Uber cab to meet the boy where allegedly they again had sexual intercourse. After some days, they again met in a Hotel in Karnal with girl traveling all the way from Delhi in a Uber Cab.
After there last meeting they had a fall out in their relationship, after which the girl travelled to Karnal with some people to meet the boy and tried to extort money on pretext of framing him in false rape case and also gave life threats. Pursuant to which, Boy filed complaint with Police asking for protection. The very next day, the girl filed FIR alleging Rape on the pretext of false promise of marriage.
Thereafter the Accused filed Anticipatory Application which was dismissed by the Session Court, Rohini.
The Surrender Ordeal
With anticipatory bail application rejected, the accused approached the Court filing the Surrender Application.
At first, the application was filed by email to North District Filing Email ID of Rohini Courts, when next day attempt was made to file physically, but physical filing was not accepted to due coronavirus. Then it was pointed out that, application had to be filed with MM Filing email id. Here another day was wasted due to this issue.
With a National Holiday in between, the matter came up for hearing after gap of 1 Day.
The matter was taken up by the ACMM virtually, wherein he expressed his inability to take the surrender in a virtual hearing and directed the Counsel appearing for accused to make a fresh application before the Duty Jail Magistrate the next day.
As directed, the Counsel for Accused appeared before the Ld. Jail Duty Magistrate. He also expressed his inability to accept the surrender application and directed the Counsel to appear before the concerned Ld. MM, North District. With a National Holiday and Sunday in between, the matter was taken up for hearing on Monday by Ld. MM virtually again. Wherein, Ld. MM again expressed her inability to accept the surrender application and when Counsel requested for physical hearing, the counsel was directed to file the application again through Registry. This lead to a delay of one more day.
Finally, the next day, the Ld. Duty MM accepted the surrender application physically and the accused was sent to the 1 day Police Custody.
The next day the accused appeared before the ‘wrong’ Ld. Jail Duty MM who was not the concerned MM to be dealing with the Rohini District while Advocate for the Accused was waiting before the concerned Ld. Jail Duty MM with the Bail Application. Nevertheless, the Accused was sent by the Ld. MM to 14 days Judicial Custody.
The very next day, the Counsel filed Bail Application before the Sessions Court, Rohini but due as Gmail Servers being Down, the registry could not download the Bail Application which eventually delayed the hearing of the bail application by another day. After delay of one day, the application was taken up and the accused was granted Bail.
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