An anticipatory bail plea was passed by the accused, Jai Sarvesh Yadav, of raping a woman “several times,” Yadav had threatened the woman saying he would send the obscene pictures to her would-be-in-laws which might result in an end of her proposed marriage.
But the bail was dismissed by the three-judge bench, Chief Justice NV Ramana and Justices Surya Kant and Hima Kolhi.
Advocate Satish Pandey who represented Yadav submitted that the case was of consensual sex and not rape. He added, “Milord, Jai Sarvesh is a student and he has not committed rape with prosectutrix,” he submitted.
The conduct of the petitioner made the bench furious, due to which Chief Justice Ramana said, “You send messages to the father in-laws, you have already ruined the life of prosecutrix.” “See the conduct of yourself, you are not entitled for anticipatory bail for committing the rape,” Justice Surya Kant said angrily. Justice Hima Kohli denied the petitioner’s bail by saying that you have already ruined her life, by sending photographs.
While dismissing the anticipatory bail application filed under Section 438 CrPC, the Chhattisgarh High Court found that there are sufficient allegations against Jai Sarvesh Yadav, that after fixing the marriage of prosecutrix with Ramcharan Patel, he sent obscene messages on Ramcharan's and his father's phones, causing the prosecutrix's marriage to be broken.