Delhi High Court: In a bail application filed by the applicant (‘accused’) seeking regular bail in the FIR registered for offences under Section 376/354-C/313/323/506 of Penal Code, 1860 (‘IPC’), Girish Kathpalia, J., granted bail to a film director falsely accused of rape and stated that this was yet another case, reflecting the recent trend of lodging false complaints of sexual offences. Thus, considering the circumstances, the Court stated that it had no reason to deprive liberty to the accused any further. Therefore, the Court directed the accused to be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the Trial Court or the area Magistrate or the Duty Magistrate.
Background
In Sanoj Kumar Mishra v. State (NCT of Delhi), 2025 SCC OnLine Del 1963, vide judgment dated 28-3-2025, anticipatory bail application of the accused was dismissed, observing that according to the FIR and the investigation, the accused, working as a film director allegedly committed repeated acts of sexual exploitation, blackmailing and rape against the complainant de facto, after administrating her some intoxicant and that the complainant de facto, a small town girl aspired to be a film heroine. The said dismissal of anticipatory bail application was not challenged by the accused. Later, the accused was arrested. The accused filed regular bail application before the Court of Sessions, which was dismissed. Hence, the present bail application was filed.
The accused submitted that he was innocent and was falsely implicated by the complainant de facto to compel him to give her a break in film industry. The accused contended that he and the complainant were in live-in relationship for past long time.
The prosecution filed a status report, specifically stating that the complainant de facto was examined by the IO after which her statement under Section 180 of Bharatiya Nagarik Surakhsa Sanhita, 2023 was recorded. In the said statement dated 21-5-2025, the complainant de facto narrated that she had filed false complaint against the accused. The complainant de facto stated that the accused never committed rape or any other offence against her and that her relations with the accused were consensual for past five years.
The complainant de facto further alleged that she lodged false complaint on being provoked by few other persons and disclosed names of few other contemporaries/rivals of the accused, who made her lodge a false complaint. In the affidavit, the complainant de facto had also testified that she had no objection if the accused was released on bail.
Analysis, Law, and Decision
Thus, considering the circumstances, the Court stated that it had no reason to deprive liberty to the accused any further. Therefore, the Court directed the accused to be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the Trial Court or the area Magistrate or the Duty Magistrate.
The Court further stated that this was yet another case, reflecting the recent trend of lodging false complaints of sexual offences. Every false complaint of sexual offences not just causes immense damage to the person accused of the offence, but also creates cynicism and distrust across the society, which leads to even the genuine victims of sexual offences suffer, as society starts suspecting her truthful complaint also to be false. Such false complaints must be dealt with sternly.
The Court noted the submission of SHO that he had already initiated process for registration of FIR against the complainant de facto and all those persons who conspired to make her lodge false complaint against the accused. It was further submitted that they intend to file supplementary charge sheet in this case on the above-mentioned developments.
[Sanoj Kumar Mishra v. State (NCT of Delhi), Bail Appln. 1672 of 2025, decided on 30-5-2025]
Advocates who appeared in this case :
For the Petitioner: Amit Chadha, Senior Advocate with Hirein Sharma, Aamir Chaudhary, Hayas Singh, Sarthak Sethi and Sakshi Yadav, Advocates.
For the Respondents: Nawal Kishore Jha, APP for State with SHO Ashish Singh Dalal and SI Shruti Dubey, PS Nabi Karim.