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The Allahabad High Court on Tuesday stayed the arrest of cricketer Yash Dayal in connection with an FIR against her to sexually abuse a woman. A bench, including Justices Siddharth Verma and Anil Kumar, passed the order on Deval’s petition, challenging the cedar.
While on his arrest, the court asked the state counsel to file a counter affidavit and also issued notices to the complainant to file his counter in the case.
The FIR, 69, against 27 -year -old Dayal, who played for Royal Challengers Bangalore (RCB) in the IPL, was registered at Indirapuram Police Station in Ghaziabad district under Section 69 (intercourse) from BNS’s Disitful Things etc. Dayal has been accused of sexually abusing a woman On the pretext of marriage.
The petitioner’s counsel presented that a person can be accused of offense under Section 69 of BNS, only when it is established that he promises to marry a woman without the intention of fulfilling it.
He argued that although a bare circle of the average in the FIR shows that the informer was in connection with the petitioner for the last five years.
She remained silent for a very long time and when the petitioner was selected in the Indian cricket team, the FIR was lodged with a oblique purpose to remove the brilliant and arbitrary demands, the lawyer further argued.
He said that during the relationship, the petitioner had provided financial assistance to the informer.
In fact, the petitioner never made any wrong promise to the informer. Furthermore, the allegations in the FIR did not reveal that the petitioner had sexual intercourse with the informer. In fact, this FIR has been recorded by the informer after the relationship between the parties, the lawyer claimed.
Additional government advocate argued that the informer said in his FIR that the petitioner was constantly exploiting him physically and was having a physical relationship for the last five years and he had also introduced his family on the pretext of marriage.
The way the petitioner involved the informer with his family members is enough to show that he was making a false marriage promise.
The court said, “We have used the FIR, of which it is clear that the relationship between the parties continued for five years. At this level, it is difficult to find out whether there was any marriage promise or if there was any such promise, it was wrong with the intention of obtaining sexual consent. The matter needs to be considered.”
The court said, “The petitioner will not be arrested till the next date of listing or until the police report is submitted earlier,” the petitioner will not be arrested.
In his petition, Dayal had demanded his arrest in the case to reduce the FIR registered against him.
According to the complainant, the two met about five years ago, and Dayal promised to marry her. The woman also claimed that Dayal postponed her proposal to get married, and finally, she was found out that Dayal was also involved with other women.
The complaint was initially submitted through the Chief Minister’s online complaint portal (IGRS) on 21 June.
– Ends
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