Delhi High Court Dismisses Bail in Matrimonial Fraud Case, Stresses on Protecting Victim Identity and Upholding Justice
In a significant ruling, the Delhi High Court, presided over by Hon’ble Ms. Justice Swarana Kanta Sharma, dismissed a bail application (BAIL APPLN. 4252/2023) filed by Mohit Pilania, who is implicated in a case of matrimonial fraud and conspiracy along with the main accused Aarav @ Ravi Gautam. The judgment, pronounced on January 24, 2024, underlines the gravity of the offenses, including bigamy and fraud, and emphasizes the protection of the victim’s identity.
Justice Sharma, in her observation, noted, “The allegations at this stage as elaborated in the preceding paragraphs reveal serious and grave allegations against the present accused as well as the co-accused.” This remark came in the backdrop of allegations that Aarav, through the matrimonial website Jeevansathi.com, had shown interest in 1411 women and was already married when he deceitfully married the complainant.
The court sternly addressed the issue of the complainant’s identity disclosure, a breach of Section 228A IPC, emphasizing, “This Court notes with dismay that there have been persistent attempts by the accused and his counsel to disclose the identity of the brother of the complainant, and complainant which is in the teeth of Section 228A of IPC.”
Further, the Court rejected the applicant’s counsel’s contention that the influence of the complainant’s brother, a judicial officer, impacted the case. Justice Sharma asserted, “Accepting this argument will be equivalent to accepting that a judicial officer in case of being victimized or being hurt or cheated as a family member, as in this case being the biological brother of the complainant, does not have fundamental right to get justice for himself, his family or his immediate kith and kin.”
The judgment also criticized the conduct of the applicant’s counsel for repeatedly disclosing the complainant’s identity, which led to the Court’s directive to mask the names in the court records.
In conclusion, the bail application was dismissed, citing the serious nature of the accusations and the possibility of influencing the witnesses. This decision serves as a precedent in cases involving matrimonial fraud, highlighting the judiciary’s role in ensuring justice and protecting the rights and identities of victims.
Date of Decision: 24.01.2024
Mohit Pilania VS The State Govt. Of NCT of Delhi And Anr.
