Delhi High Court Grants Anticipatory Bail in Controversial Rape Case: “Relationship Consensual in Nature,” Says Justice Bhatnagar

In a significant ruling, the Delhi High Court, under the bench of Hon’ble Mr. Justice Rajnish Bhatnagar, granted anticipatory bail to Krishan Gaba, the petitioner in the case FIR No. 260/2023. The case, involving serious allegations under Sections 376, 377, and 504 of the IPC for rape and threats, saw a pivotal turn as the court observed the relationship between the petitioner and the prosecutrix to be “consensual in nature.”

The decision, pronounced on November 9, 2023, came after a detailed examination of the allegations made by the prosecutrix and the defense put forward by the petitioner. The prosecutrix had accused Gaba of forceful physical relations, threats with nude photographs, and a forced abortion. In contrast, the defense highlighted the prosecutrix’s marital status and previous actions, including a withdrawn complaint and a false divorce decree.

Justice Bhatnagar, in his observation, noted, “The relationship between the petitioner and the complainant/prosecutrix appears to be consensual in nature.” This remark played a crucial role in tilting the scales in favor of the petitioner, leading to the grant of anticipatory bail.

Represented by a team of advocates led by Dr. Adish C. Aggarwala, Sr. Adv., the petitioner’s argument focused on the inconsistencies in the complainant’s statements and her marital status. The court also took into consideration the lack of substantial evidence regarding the video-graphed sexual acts and the unsubstantiated threat complaints.

The decision has sparked discussions about the complexities Involved in cases of alleged sexual offenses, especially regarding the interpretation of consent and the impact of personal relationships on legal proceedings.

While granting anticipatory bail, the court also directed the petitioner to join the investigation as required and furnished a personal bond of Rs. 25,000. The court’s decision, however, does not reflect an opinion on the merits of the case, as clarified by Justice Bhatnagar in his order.

This judgment has opened a new chapter in the legal discourse on sexual offenses and consent, bringing to light the nuanced and delicate nature of such cases in the Indian judicial system.

Date of Decision: 09 November 2023

KRISHAN GABA  VS STATE (NCT OF DELHI) & ANR.