The Delhi High Court granted bail to a gym trainer accused of rape and blackmail, with Justice Girish Kathpalia observing that morality must remain separate from criminal determination and noting material presented prima facie indicated a consensual relationship between the parties.
The Delhi High Court granted bail to a married gym trainer accused of raping and blackmailing a woman advocate, while observing that questions of morality must be kept separate from the legal determination of an offence.
Justice Girish Kathpalia noted that the material shown by the accused before the Court, including photographs and video clips, prima facie suggested that the relationship between the parties was consensual in nature.
The Court observed,
“As regards argument of learned APP [Additional Public Prosecutor] that the accused/applicant being married man with a child entering into extra marital love affair does not deserve bail, suffice it to record that morality has to be kept separate from the offence, that too while dealing with the matter of liberty of an individual. As regards the argument of prosecution regarding difference of religion, the same has been recorded to be simply rejected,”
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According to the prosecution, the complainant, who is a practicing advocate, met the accused at a gym in Delhi where the two gradually became friends. The woman alleged that during the course of their interactions, the accused administered an intoxicating substance to her through a drink, causing her to lose consciousness.
The prosecution further claimed that the accused then took the complainant to an Oyo hotel in Ghaziabad, where he allegedly raped her and clicked photographs without her consent.
The complainant also alleged that the accused later used those photographs to blackmail her into continuing sexual relations. She further accused him of extorting Rs 65,000 by threatening to circulate the images on social media platforms.
Opposing the allegations, the accused argued before the High Court that the relationship between the parties was entirely consensual and that the criminal complaint was lodged only after the relationship turned sour. In support of his claim, he produced photographs and video recordings before the Court, contending that they reflected a consensual romantic relationship between the two.
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After considering the submissions and the material placed on record, Justice Kathpalia observed that the complainant was an adult and a practicing advocate capable of understanding the nature of the relationship.
The Court also noted that during the course of investigation, no objectionable photographs or videos were recovered from the mobile phone of the accused.
The High Court further observed that the material produced before it, at least prima facie, appeared to support the accused’s contention that the relationship was consensual.
In view of these circumstances, the Court granted bail to the accused pending further proceedings in the matter.
Advocates Sanjeev Kumar, Kapil Khanna and Asif Khan appeared for the accused.
The State was represented by Advocate Sanjeev Sabharwal.
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