The Allahabad High Court on Tuesday granted interim relief to Royal Challengers Bengaluru (RCB) cricketer Yash Dayal. It stayed his arrest in connection with a sexual exploitation case. This case was filed by a woman with whom he had allegedly shared a five-year relationship.
[Yash Dayal v The State of UP and 2 Others]
A Division Bench comprising Justices Siddhartha Varma and Anil Kumar observed that, based on the content of the First Information Report (FIR), it appeared the relationship between the parties lasted over five years. At this preliminary stage, the Court opined that it was not possible to conclusively determine whether Dayal had indeed made a false promise of marriage with the intention of obtaining sexual consent.
“From the FIR, it is apparent that the relationship between the parties continued for five years. At this stage, it is difficult to ascertain whether there was any promise of marriage or if such a promise was false from the outset, intended to secure consent for sexual relations,” the Bench observed.
The Court, therefore, stayed Dayal’s arrest until the next date of hearing or until the police submits its report, whichever occurs earlier.
“Till the next date of listing or till the submission of the police report, whichever is earlier, the petitioner shall not be arrested,” the Court ordered.
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Yash Dayal had moved the High Court seeking to quash the FIR registered against him under Section 69 of the Bharatiya Nyaya Sanhita, which penalizes sexual intercourse under a false promise of marriage.
In her complaint, the woman alleged that she had been emotionally, physically, and sexually exploited during the course of a five-year relationship, based on Dayal’s alleged false assurance of marriage.
Dayal has denied the allegations. He claims that the FIR was filed with an ulterior motive of extortion. This claim arose particularly after his selection for the Indian national cricket team. He further asserted that he had extended financial assistance to the woman during the course of their relationship.
After hearing both sides, the Court issued notice to the State and the complainant. It directed the authorities to refrain from arresting Dayal during the interim period.
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