Phone Calls Should Not Be Recorded Except With The Consent Of The Individuals Concerned: Bail In Rape Case: Delhi High Court

In a significant ruling, the Delhi High Court, led by Hon'ble Mr. Justice Rajnish Bhatnagar, granted anticipatory bail to xxx  in a closely watched case involving allegations of rape under false pretenses of marriage. The court's decision, reserved on November 29, 2023, and pronounced on December 20, 2023, emphasizes the "right to privacy under Article 21 of the Constitution," a crucial factor in its deliberations.

The petitioner, xxx , was accused of non-consensual sexual intercourse, allegedly under the false promise of marriage. The case hinged on the contentious admissibility and authenticity of WhatsApp chats and call recordings between the petitioner and the complainant. Mr. Justice Bhatnagar noted the importance of privacy rights, citing the precedent in "Sanjay Pandey Versus Directorate of Enforcement" and highlighting that "phone calls should not be recorded except with the consent of the individuals concerned."

In his observation, Justice Bhatnagar stated, "The allegations against the petitioner are serious; however, the evidence presented, including WhatsApp chats and call records, raises questions about their admissibility and the authenticity that require careful examination during the trial."

The court also considered the delay in FIR registration and the nature of the relationship between the parties. Despite acknowledging the gravity of the allegations, the court found no substantial evidence to deny bail, especially given the petitioner's clean antecedents and the lack of necessity for further recovery in the case.

Represented by Mr. Akshay Chandra, Mr. Shubhanshu Singh, and Mr. Suman Kumar, the petitioner's case revolved around challenging the authenticity of the evidence against him and asserting the consensual nature of the relationship. The respondent, represented by Mr. Amit Ahlawat, APP for the State, argued based on the complainant's accusations and the evidence presented.

The grant of bail, however, comes with stringent conditions, including a prohibition against any criminal activity, no communication or contact with prosecution witnesses or the victim's family, and a mandate to cooperate with the ongoing investigation.

Date of Decision: 20 December 2023

xxx  VS STATE GOVT.OF NCT OF DELHI