Delhi HC rejects IAF officer’s anticipatory bail plea

A view of the Delhi High Court.   | Photo Credit: Sushil Kumar Verma

The Delhi High Court has said that investigation is necessary against an Indian Air Force (IAF) officer, who became a part of an online matrimonial site using a different name, despite having a wife and two children.

The IAF officer, who faked his name as Aman Saini in the matrimonial site, is facing charges of rape and criminal intimidation levelled by a woman who met him through the online site.

“Investigation is necessary to find out whether he has lured other women also,” Justice Subromonium Prasad said.

“A perusal of the FIR indicates that the petitioner [the IAF officer] was married and yet he became a part of the matrimonial site and that too using a different name which shows that there was no intention of the petitioner to marry the prosecutrix [woman] right from the inception,” Justice Prasad said, while rejecting the officer’s anticipatory bail plea.

The woman, in her complaint, alleged that she had met the IAF officer through a popular matrimonial site in March 2017. The woman said the officer introduced himself as Aman Saini, unmarried and working in the Indian Air Force.

The woman stated that in May 2017 they established physical relationship. In July 2017, the officer introduced her to his mother.

Later, she came to know that his real name is not Aman Saini, and that he was married and had two children. The woman filed a complaint against him with the IAF as well. However, after requests from his mother, she withdrew her complaint.

The woman finally registered her complaint at a police station in the capital in January 2020.

The IAF officer, in his anticipatory bail plea, stated that he has been falsely implicated in the case. He stated that even after coming to know that he was married, the woman was in touch with him.

He stated that he had joined the investigation and was always available for investigation. He stated there is no apprehension of him fleeing from justice as he is an officer of the IAF.

The public prosecutor opposed the anticipatory bail plea, stating that the officer had opened an account in the matrimonial site in 2017, and that too using a different name, despite being married.

The public prosecutor stated that and investigation had to be conducted as to whether he had duped any other women. The prosecutor further submitted that it had to be ascertained whether he had no intention to marry the woman right from the beginning.

Taking note of submissions from both sides, the High Court concluded that the IAF officer is accused of a serious offence punishable under Section 376 (rape) Indian Penal Code.

“The petitioner has established physical relationship with the prosecutrix. Investigation is at a nascent stage. The prosecutrix has stated in the FIR that the petitioner has abused other women also and this aspect has to be investigated by the authorities,” the High Court said.

Justice Prasad said that the possibility of the officer repeating the offence or exerting pressure on the woman or influencing witnesses by misusing his position as an officer of the IAF could not be ruled out at this juncture.

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Printable version | Oct 17, 2021 4:03:04 PM |

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