The Delhi High Court granted anticipatory bail to an Indian Army personnel accused of rape on a false promise of marriage, with Justice Prateek Jalan observing that the roka ceremony after their five-year relationship strengthens the accused’s defence.
NEW DELHI: The Delhi High Court recently granted anticipatory bail to a man serving in the Indian Army, noting that the engagement ceremony (roka) held after a lengthy relationship appears to bolster his defense against allegations of rape based on a false promise of marriage.
Justice Prateek Jalan remarked that the completion of roka after a five-year relationship lends credibility to the man’s case.
It stated,
“The fact that the petitioner and the prosecutrix performed pre-marriage rituals, such as the “Roka”/engagement ceremony in the course of a long relationship of almost five years, and a physical relationship of almost two years, coupled with the contents of the complaint dated 22.07.2025, renders prima facie plausibility to the petitioner’s case.”
The Court also noted private communications between the two, indicating that the prosecutrix and the accused maintained a five-year relationship marked by her affection for him.
This suggests that their physical relationship may have developed without a promise of marriage, the Court mentioned.
It said,
“The very first statement in the communication dated 22.07.2025 reproduced above, is that the prosecutrix was in love with the petitioner. This aligns with the possibility that a physical relationship may be made without a promise of marriage, as indicated in the judgment of the Supreme Court in Mahesh Damu Khare v. State of Maharashtra. Similarly, the length of the relationship for a period of almost five years, during which the prosecutrix claims to have been emotionally invested in the relationship…”
The relationship between the prosecutrix and the accused began in 2021. Subsequently, the accused approached her family seeking her hand in marriage. Both families agreed, a roka ceremony was conducted, and a wedding date was established.
Also Read: ‘Bundle of Lies’: Supreme Court Quashes Rape FIR Filed on False Promise of Marriage
However, the woman later alleged that the accused ceased communication with her. Upon inquiring, she claimed he and his sister demanded Rs 10 lakh as dowry for the marriage arrangement. It was then revealed to her that the accused was engaged to someone else.
Upon confronting him, she further alleged that he threatened to publish intimate images and videos of her online and that he and others physically assaulted her.
In her complaint, she asserted that the accused had sexual relations with her under the false pretense of marriage, stating that due to his Army duties, he would take leave to be intimate with her.
She also mentioned that the accused had recorded explicit images and videos of her without her consent. Despite the roka, he continued to engage with her physically.
The Court learned that the accused failed to cooperate with the investigation, which led to the issuance of a non-bailable warrant against him.
The Court observed that no rape allegations were present in the initial police complaint made by the prosecutrix against the accused.
As a result, the Court granted anticipatory bail to the accused, stating that he has no previous criminal record and that the merits of the case will be examined during the trial.
The Court stated,
“While these matters are ultimately to be adjudicated at trial, having regard to the prime facie case, and the fact that the petitioner has no prior criminal antecedents, I am of the view that it is appropriate to protect him from deprivation of his liberty,”
Additionally, the Court instructed the accused to engage with the investigation when required by the investigating officer.
Advocates Abhay Kumar, Shagun Ruhil, and Karan Chopra represented the accused, while Additional Public Prosecutor Manjeet Arya appeared for the State. Advocate Vishal Chaudhary represented the prosecutrix.
Case Title: Vineet Sorout v. State NCT of Delhi.
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