Accused And Complainant Were Married At Relevant Time: Delhi HC Grants Anticipatory Bail To Man Accused Of Rape On False Promise Of Marriage

The Delhi High Court has granted anticipatory bail to a 35-year-old married man for allegedly raping a woman on false promise of marriage, saying the accused was not competent to marry the victim who was herself in a wedlock, and therefore could not have induced her into a physical relationship.

The prosecution, which opposed the accused petitioner's plea for grant of anticipatory bail, told the Court he repeatedly raped the prosecutrix by extending false promise of marriage when he had no intention to marry her.

However, the petitioner said since both the parties were married, there was no occasion for him to seek sexual favour on a false promise of marriage.

I find force in the petitioner's argument that the petitioner being a married man was not competent to marry the prosecutrix (who herself was married) and could not have induced her into physical relationship on false promise of marriage, said Justice Poonam A Bamba in the order dated August 8.

Senior Advocate Salman Khurshid appeared for the Petitioner while Priyanka Dalal, APP appeared for the State.

Noting that both the parties were in a relationship since 2019 and shared the same workspace, the court said in the event of arrest, the petitioner will be released on bail subject to a personal bond of Rs 25,000 with one surety of the like amount.

The Court asked the petitioner to join the investigation and not to contact the prosecutrix. The petitioner told the court he was innocent and has been falsely implicated in the case after the prosecutrix started making unreasonable demands from him.

Cause Title: Mohd. Sadab Khan v. State Govt. of NCT of Delhi & Anr.

Click here to read/download Order

With PTI inputs