Justice Neena Bansal Krishna, while granting bail, emphasized that courts must differentiate between cases of rape and consensual relationships, especially when workplace romances take a wrong turn.
NEW DELHI: The Delhi High Court granted bail to a man accused of serious charges, including rape, causing hurt, criminal intimidation, insulting the modesty of a woman, and unnatural sexual intercourse. The case was filed by a female co-worker with whom he was in a relationship.
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Justice Neena Bansal Krishna, while granting bail, emphasized that courts must differentiate between cases of rape and consensual relationships, especially when workplace romances take a wrong turn.
The Court pointed out that modern workplaces often see personal relationships develop, but when such relationships turn bitter, they sometimes lead to criminal complaints.
“In the present times, many a times close proximity at workplace results in consensual relationships which on turning sour, get reported as crimes, making it pertinent to be conscious of the distinction between the offence of rape and consensual sex between two adults,” the Court observed.
Justice Krishna acknowledged the need for protecting women in workplaces but also stressed that courts should exercise discretion to ensure justice.
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“…when women are emerging and becoming a relevant part of the work force, it becomes the responsibility of Legislature as well as the Executive to enact laws and implement them so as to ensure their safety and well being. The Courts have an equal corresponding responsibility to interpret and apply the laws pragmatically to given situations to ensure that the protection of law is a reality and not merely a paper protection. However, a more onerous duty lies on the Courts to also be a watchdog to apply an even hand and deal with a given situation in a manner to prevent its abuse and misuse by any person.”
According to the court’s order, the complainant and the accused were involved in a romantic and physical relationship and had even discussed marriage. The Court noted that the complainant herself had suggested staying in OYO Hotels multiple times, even when the accused was hesitant.
“Even on a few occasions the Prosecutrix insisted to go to OYO Hotels even though Applicant was evasive for the same. During such stays, she voluntarily produced her Identity Card and did not raise any concerns or made any complaint of any alleged misconduct to the police or any other authority, which demonstrates that their physical relationship was with mutual consent, free-will and love,” the order recorded.
The accused claimed that their relationship ended when he found out that the complainant was also involved with someone else. He said that he tried to resolve the issue, but she cut off all ties with him. Later, he alleged that she filed the case against him out of revenge.
The Court noted that the charges in the case had been framed and the accused had already been in custody since May 2024. It found that keeping him behind bars for an extended period would not serve any purpose, especially since the trial might take a long time.
“The veracity of allegations levelled against the Applicant shall be tried during trial which is likely to take some time. The Applicant is in judicial custody since 30.05.2024. No fruitful purpose would be served in keeping the Applicant behind bars for an inordinate long time.”
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The Court granted bail with the condition that the accused must stay away from the complainant’s home and workplace.
Advocates Ranjana Singh, Pankaj Singh, Ritik Verma, and Harsh Vardhan Mittal represented the accused.
Additional Public Prosecutor Meenakshi Dahiya appeared for the State.
Advocates Priyanka Kumar and Ravi Saroha represented the complainant.
Case Title: ABHIJEET KUMAR v. STATE (GOVT. OF NCT OF DELHI)
