The Delhi High Court granted bail to a man suffering incarceration since 27.02.2025 who was accused of offence under Section 376/384/506 IPC. The Court observed that the evidence suggested consensual relations between the parties and noted significant delay in lodging the rape complaint.
According to the FIR, the prosecutrix met the accused/applicant in 2020 through Instagram. In December 2021, when he came to India, she arranged a rented accommodation for him. She alleged that he once called her to his room, gave her sweets and water, after which, though conscious, she was unable to resist, and he developed physical relations with her while also taking her nude pictures and videos. She further alleged that he repeatedly called her for 15 days and threatened to circulate those pictures to continue physical relations, and later took ₹1,20,000 from her. In February 2022, he allegedly posted her pictures on Instagram before going back to Saudi Arabia.
The accused/applicant argued that the prosecutrix is aged about 46 years. The overall complaint, according to him, clearly shows that the relations between them were consensual. He submitted that the present case was registered only because the prosecutrix owed him a sum of ₹50,000, in respect of which a complaint was lodged on 12.01.2023. That complaint led to a compromise dated 23.01.2023. It was further submitted that the present complaint, having been lodged nearly three years after the alleged incident, does not inspire confidence. The learned APP, in fairness, did not raise any serious objection to the bail application, particularly in view of the unexplained delay in lodging the complaint and the prosecutrix’s refusal to undergo medical examination.
Justice Girish Kathpalia observed that the first complaint alleging rape was dated 20.06.2024, though the alleged incident occurred in December 2021. The IO produced investigation file containing pictures of both parties, but none were nude or objectionable. All pictures depicted them in a manner which lends credence to consensual relations. The Court specifically noted that this was not a case where objectionable pictures were posted and removed within minutes, as it was alleged that the accused would remove/replace pictures only after few days of posting. Considering these circumstances, the Court allowed the bail application, directing release on personal bond of Rs. 10,000/- with one surety.
Appearances:
For Petitioner: Mr. Tusharjeet Singh, Advocate
For State: Mr. Nawal Kishore Jha, APP For Prosecutrix: Ms. Ritu, Advocate