Criminal Procedure Code, 1973
Section 439 read with Section 482—Regular bail—Rape of Czech national—FIR registered under Section 354/376 of IPC—Petitioner represented himself to be a spiritual guru and played on the prosecutrix’s vulnerabilities after the untimely demise of her husband—Merely because prosecutrix agreed to accompany the petitioner to various holy places – for purposes of conducting last rites and rituals – does not ipso facto imply that she consented to sexual relations with him—An aspect of particular concern is that allegations disclose deception and guile on the part of petitioner, in pretending to be a ‘holy man’ guiding a foreign national with pious post-demise ceremonies of her husband—Whether the prosecutrix or her prime-witness are in India or abroad, the petitioner’s attempt to intimidate or influence them, cannot be ruled out—Bail declined.
[Paras 20 to 22]