The Delhi High Court has granted anticipatory bail to an accused in an FIR registered under Sections 376, 354, 498-A, 406, and 34 of the IPC at PS Sangam Vihar. Justice Ravinder Dudeja noted that significant delay and inconsistencies in the complainant’s allegations.
The petitioner, represented by Senior Advocate Rishi Malhotra, contended that he was falsely implicated in the FIR, which initially involved only allegations under Sections 498-A/406/34 IPC against the husband and his family members. The charge of rape under Section 376 IPC was introduced for the first time in the complainant’s statement under Section 164 CrPC, alleging an incident from 2017 nearly seven years before the FIR was filed. Counsel argued that the complainant attended the petitioner’s wedding in 2022 joyfully, and the allegations were made later to exert pressure amid ongoing matrimonial disputes.
Opposing the bail, the APP submitted that the charges were grave. However, the Court noted that the FIR originally did not mention any allegation of sexual assault and that such omission, followed by a delayed introduction of rape charges, as held by the Supreme Court in B.N. John v. State of U.P. SLP (Crl.) No. 2184/2024, could cast doubt on the credibility of the prosecution’s case.
The Court further observed that all co-accused persons had already been granted anticipatory bail, the petitioner had joined the investigation, and the police had completed the probe with the chargesheet ready for filing.
Accordingly, the Court disposed of the application with a direction that in the event of arrest, the petitioner be released on a personal bond of â‚ą30,000 with conditions, including non-contact with the prosecutrix and cooperation with the investigation.
Appearances:Â
Petitioner : Mr. Rishi Malhotra, Senior Advocate with Ms. Ansuiya & Mr. Shivaansh Maini, Advocates
Respondents: Ms. Shubhi Gupta, APP for the State with SI Raghuraj Singh, PS Sangam Vihar
