Delhi High Court: A bail application was filed under Section 439 of the Code of Criminal Procedure, 1973, by the applicant, being accused in a case of having a sexual relationship with the victim on the false pretext of marriage. A Single Judge Bench of Navin Chawla, J. granted bail to the accused stating that it was a consensual relationship between two adults where a promise to marry may not have been a motivating factor for a sexual relationship.
Background:
The First Information Report (FIR) was filed by the police in which it was stated that she had met the applicant on a dating app and that he had physical relationship with her on the false pretext that he would marry her. The victim also mentioned that she had become pregnant but when she insisted on getting married, the applicant refused and started beating her.
The applicant also threatened to kill the victim and made her abort the child by administering some pills while misleading her that the said medicines were for fever. The victim mentioned that she had filed a few complaints earlier but used to take them back because she was in love with the applicant.
Analysis and Decision:
The Court noted that the victim was an adult at the time of the incident and had entered into a consensual relationship with the applicant. However, it was stated that this was on the false promise to marry her.
Further, the Court stated that after going through the testimony of the victim along with the complaints and withdrawals, the Court found enough evidence which showed prima facie that there was a consensual relationship between two adults where a promise to marry may not have been motivating factor for a sexual relationship.
The Court noted that there were not enough grounds to keep the applicant in custody while the trial was pending and that, he was able to make out a case for being released on bail. Thus, the Court directed the applicant to be released on bail after furnishing a personal bond in the sum of Rs. 50,000/- with one local surety.
[Dujinder Singh v. State (NCT of Delhi), 2024 SCC OnLine Del 3401, Order dated 08-05-2024]
Advocates who appeared in this case :
For Applicant — Advocate Sakshi Kaul, Advocate Chirag Kaushik
For Respondent — APP Priyanka Dalal, Advocate Arjun Malik
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Victims file complaints. Police file the FIR.