'Honey Trapping Poses Risk To Nation's Security, Social Fabric': P&H High Court Denies Pre-Arrest Bail To Female Cop Allegedly Linked To Extortion Gang

The Punjab & Haryana High Court has rejected the anticipatory bail application of a female Assistant sub-inspector of police (ASI) accused of being a member of a honey "trapping gang" and taking a bribe to settle an allegedly false rape case.

While noting that the ASI was a member of a trapping gang and was extorting money from the complainant, Justice Anoop Chitakara said, "The Legislature had made extremely stringent laws to protect women from perverts, criminals, and those who do not respect womanhood. However, evil women like the petitioner being female and knowing their frailty, took advantage of the provision of stringent laws enacted to protect them by roping in innocent males in honey trapping."

The Court further observed that on a societal level, "the erosion of trust due to honey trapping can lead to increased scepticism and suspicion". People may become more guarded, hindering genuine connections and cooperation. "It may also contribute to a breakdown in the social fabric and healthy relationship because human collaboration are built on a foundation of trust."

Justice Chitkara's order also highlighted as to how in quest of the "basic social need to form connections", people are often roped into false cases through social media. 

"In their quest to seek human companionship, amid impulsive expectations to indulge in relationships, they become susceptible to malicious attacks by certain notorious elements of society, who, on the pretext of forming a genuine connection, aim at monetary gains through harassment and extortion of the unsuspecting public. When such personal interactions take a more in-mate contour, black and white seems to become an indistinguishable grey to the naked public eye."

These observations came in response to the pre-arrest bail plea of ASI Munesh Devi from Haryana, who was accused of being a member of a honey "trapping gang" and taking a bribe to settle an allegedly false rape case.

The petitioner was booked under Sections 384, 388, 389, 120-B IPC and Sections 7, 13(1) (d) of the Prevention of Corruption Act, 1988.

It was alleged that a woman had falsely implicated the complainant, accusing him of committing rape and extorting money by calling him on the pretext of their friendship on a dating application

The complainant stated that the ASI extorted money from him with the assurance that the case would be settled.

Considering the submission, the Court noted that, "Being a police officer, she was under an obligation to maintain law and order and to protect people from any crime. On the contrary, she was a member of a trapping gang and was extorting the complainant to extract money from him." 

The petitioner being a member of the police force, was aware of provisions to deal with false implications and also wrong provisions when the complainant and witnesses make a false statement, and she exploited the legal loopholes by circulating to the complainant that in case he did not pay, he would be involved in a severe sexual offence matter, and his liberty would be socially curtailed. Under such pressure, they were able to extract an amount of Rs. 90,000/-from the complainant, said the Court.

Adding that Honey trapping is a sneaky tactic to cheat, Justice Chitkara observed that "Beyond damaging trust in personal relationships it can have broader societal consequences. In the realm of national security, honey trapping can jeopardize confidential information as individuals targeted may unwillingly disclose sensitive details. It poses a threat not only to the individuals involved but also to the security of nations."

Serious Consideration & Sensitisation Is Required Against Misuse Of Criminal Justice By "Evil-Inentioned Women"

The Court also highlighted the abuse of law meant to protect women and said that where the "victim narrative" is fabricated, as a ploy used by certain evil-intentioned women to threaten or harass innocent men and take advantage of our criminal justice system, serious consideration and sensitisation is required. 

In such sensitive matters, where a guiltless man, aggrieved by false play, in order to protect his dignity and hard-earned reputation knocks on the door of our criminal justice system to salvage whatever is left of his sanity, and is driven astray, "it is a matter of grave concern for the society at large," added the Court.

The bench also said that, the effects of false accusations of molestation or rape on a man's psychological, professional, and personal well-being are devastatingly far-reaching, and the adverse impacts of such labelling on a virtuous rational man's psyche and personality cannot be quantified.

It is these ill effects that serve as an ideal environment for those who wish to flourish in the honey-trapping business, pushing the victim into a corner so he has no other alternate recourse than to succumb to their unfair demands in a potentially volatile situation, it added.

Reliance was also placed upon the Apex Court's verdict in the case CBI v. Santosh Karnani, Cr.A 1148 of 2023, wherein while rejecting an anticipatory bail plea on FIR registered under Sections 7, 13(1) and 13 (2) of PC Act, the Court said, "The nature and gravity of the alleged offence should have been kept in mind by the High Court. Corruption poses a serious threat to our society and must be dealt with iron hands. It not only leads to abysmal loss to the public exchequer but also tramples good governance."

In the light of the above, the Court rejected the anticipatory bail application of the ASI stating that, "Given the nature of allegations, the petitioner fails to make a case for anticipatory bail, and her custodial interrogation is required to unearth the racket and find the involvement of other police officers and other members of the gang."

Appearance: R.S. Rai, Senior Advocate with Shokeen Singh Verma, Advocate for the petitioner.

Rajat Gautam, Addl. A.G. Haryana.

Citation: 2023 LiveLaw (PH) 263

Case Title: Munesh Devi v. State of Haryana

Click here to read/download the order