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The bench of Justice Subodh Abhyankar of Madhya Pradesh High Court recently dismissed a plea moved by a 25-year-old man seeking anticipatory bail in a case registered against him for offences of repeated rape, criminal intimidation, causing miscarriage without woman's consent, etc. 

Allegedly, the man had established a forceful relationship with the victim woman and had made her go through abortion twice and later on when woman's marriage got fixed with another man, he sent their intimate pictures, videos on mobile phones of woman's parents, her fiancé and her in-laws threatening them to make the same viral if they proceed with the marriage plans. 

Court noted that as per the case diary and various documents filed by the man, it was apparent that the woman and he were having live-in-relationship for quite some time and during this time, the woman also got pregnant more than a couple of times and had to terminate the same allegedly under the pressure of the man.

Subsequently, things got sore between them, and the man, being a jilted lover, resorted to blackmailing the woman, Court further noted. 

Therefore, Court opined that the man's actions were 'serious' as he had sent the video clips with a view to make sure that the proposed marriage of the woman does not get materialized.

"How much stress his acts must have caused to the prosecutrix, her family members as also other persons is not difficult to comprehend," Court remarked.

Accordingly, in such facts and circumstances of the case which was lodged under Sections 376(2)(N), 328, 313, 506 and 34 of the Indian Penal Code, Court held that the custodial interrogation of the man would be necessary and rejected his pre-arrest bail application. 

Before parting with the order, Court made significant remarks regarding the spurt of such offences in recent times arising out of live-in-relationship.

Court said, "This court is forced to observe that the bane of live-in-relationship is a by-product of Constitutional guarantee as provided under Art.21 of the Constitution, engulfing the ethos of Indian society, and promoting promiscuity and lascivious behavior, giving further rise to sexual offences."

"Those who wanted to exploit this freedom are quick to embrace it but are totally ignorant that it has its own limitations, and does not confer any right on any of the partners to such relationship," Court added. 

Case Title: Abhishek v. State of Madhya Pradesh