Delhi HC grants bail to businessman accused of raping partner on pretext of marriage - World News Network

New Delhi [India], February 6 (ANI): The Delhi High Court recently granted regular bail to a digital marketing businessman accused of raping his partner on the pretext of marriage whom he met in a theatre acting class in April 2022.
It is also alleged that he had forced her to invest money in a partnership firm of his mother by blackmailing her based on screenshots of videos of the victim taken during a video call on his mobile phone.
The High Court granted bail to the accused on the ground that he was not provided ground of arrest in writing.
Justice Jasmeet Singh granted bail to the accused and noted, “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 was not provided to the appellant or his counsel in writing.”
“Further, 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,” Justice Jasmeet Singh observed in the order of February 3.
He further said, “Similarly, the question of whether the sum of Rs5 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.”
“I am of the view that the parties were adults at the time of the alleged incident and were capable of understanding their actions,” Justice Singh said.
The court noted that the petitioner has already been in custody since November 10, 2024 and the chargesheet has also been filed. His first bail application was dismissed by the trial court.
Advocate Chirag Madan, counsel for the petitioner primarily submitted that a perusal of the arrest memo issued on 10.11.2024 indicates that the petitioner was neither provided with the grounds of arrest or reasons of arrest which is a complete violation of Article 22(1) of the Constitution of India.
He further argued that the relationship was consensual and the petitioner has never made any promise to marry the complainant. Further, the chargesheet is also silent on the said aspect of whether the allegations levelled against the petitioner were committed on the pretext of marriage, he added.
On the other hand, the bail application was opposed by the state and counsel for the complainant. It was submitted that the petitioner is accused of committing rape on the complainant on the pretext of marriage. Further, the petitioner also threatened and blackmailed the complainant and her family. The allegations against the petitioner are serious and hence, the petitioner is not entitled to bail.
An FIR was registered on October 6, 2024 at PS Malviya Nagar under sections 376, 354C, and 385 of IPC. It is stated that the complainant met the petitioner in April 2022 at a theatre group, where they both used to take acting classes.
Over time, they developed a close friendship, which later evolved into a romantic relationship. The petitioner also promised to marry the complainant.
It is alleged that One day when the petitioner and the complainant were on a video call and the complainant was changing her clothes, the petitioner started taking screenshots of the complainant without her permission.
It is further alleged, that the petitioner then pressurised the complainant to enter into an agreement with the mother of the petitioner to start a marketing company and in case, the complainant refused, the petitioner threatened to leak her personal photos and videos on the internet. (ANI)

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