The Delhi High Court has granted bail to a businessman accused of raping his partner under false pretenses of marriage and blackmailing her for money. The court found insufficient grounds for arrest and emphasized that the consensual nature of their relationship and financial allegations will be evaluated at trial. Both parties were deemed capable adults.
New Delhi: The Delhi High Court has granted regular bail to a digital marketing businessman accused of raping his partner on the pretext of marriage. The accused, who met the complainant in an acting class in April 2022, was also alleged to have blackmailed her into investing money in a partnership firm run by his mother.
The court, in its order, highlighted that the accused was not provided the grounds of arrest in writing, which formed the basis for granting bail. Justice Jasmeet Singh noted,
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“A perusal of the arrest memo dated 10.11.2024 shows that no grounds of arrest or reasons of arrest were not given to the petitioner in writing, and the same is squarely covered by the judgment of the Supreme Court in Prabir Purkayastha, wherein the appellant in that matter was granted bail on the ground that the grounds of arrest were not provided to the appellant or his counsel in writing.”
The judge further stated,
“To my mind, the issue of whether the physical relationship was consensual or established under the pretext of marriage is a matter to be decided during the trial.”
Regarding the financial allegations, the court observed,
“Similarly, the question of whether the sum of Rs 5 lakhs was given due to blackmailing of the petitioner or as part of a partnership arrangement between the petitioner’s mother and the complainant will also be adjudicated during the trial.”
Justice Singh emphasized that both parties were adults at the time of the alleged incident and were capable of making decisions about their actions. The accused had already spent nearly three months in custody since November 10, 2024, and the chargesheet had been filed. His first bail application was earlier rejected by the trial court.
Advocate Chirag Madan, representing the accused, argued that the petitioner was not provided with the grounds of arrest, violating Article 22(1) of the Constitution of India. He also contended that the relationship was consensual, and the chargesheet did not confirm any promise of marriage.
However, the State and the complainant’s counsel opposed the bail, stating that the accused raped, blackmailed, and threatened the complainant and her family.
The FIR, registered on October 6, 2024, at PS Malviya Nagar, mentioned Sections 376 (rape), 354C (voyeurism), and 385 (extortion) of the IPC. The complainant alleged that the accused secretly took screenshots of her changing clothes during a video call and later used them for blackmail. He allegedly pressured her to invest in a marketing company run by his mother, threatening to leak her private photos and videos if she refused.
The case will now proceed to trial, where the court will determine whether the allegations hold merit.
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