Prima Facie, Consensual Relationship - Lack of Evidence for False Promise of Marriage – Bail Granted: Delhi High Court

In a recent judgment, the Delhi High Court granted regular bail to the petitioner, Anil Nirwan, who was facing charges under Sections 376 (sexual assault) and 420 (cheating) of the Indian Penal Code. The judgment, delivered on January 3, 2024, has attracted attention due to its meticulous analysis of the allegations and its emphasis on the absence of evidence supporting the prosecution's claims.

The case revolved around a dating app encounter that escalated into a legal dispute. The complainant met the petitioner on a dating app called "Hinge," and they developed a relationship. However, allegations arose that the petitioner had initiated sexual contact with her on the pretext of marriage and had received a substantial amount of money from her.

In the judgment, Justice Vikas Mahajan highlighted the crucial lack of evidence regarding a false promise of marriage. He pointed out that their interactions on WhatsApp did not contain any promise of marriage from the petitioner, and the complainant could not produce any such evidence. Justice Mahajan stated, "Prima facie, the sexual intercourse appears to be consensual, and there does not seem to be any false promise of marriage or consent obtained on a misconception of any fact."

Furthermore, the judge addressed the allegations of cheating and financial transactions. He emphasized that an essential element of cheating, inducement, was missing from the case. He noted that the complainant had admitted to making voluntary payments to the petitioner, which included an initial loan of Rs. 25,000 for his alleged treatment.

Justice Mahajan also observed that no documentary evidence of fabricated medical papers, as alleged by the prosecution, was found in the petitioner's possession. The judge stated, "It appears from the status report filed by the State that no document related to medical treatment was found."

The petitioner had been in custody since May 13, 2022, and the trial was expected to be protracted, as the prosecution had cited 18 witnesses. Considering these factors and the clean antecedents of the petitioner, the judge concluded that his continued custody was not required. The judge ordered the petitioner's release on bail, subject to certain conditions.

The judgment has garnered attention for its meticulous analysis of the evidence and its reliance on legal principles in granting bail. It underscores the importance of examining the merit of each case individually and upholding the principles of justice.

 Date of Decision: January 03, 2024

ANIL NIRWAN VS STATE OF NCT OF DELHI