Delhi High Court Grants Anticipatory Bail, Citing Apparent Consensual Relationship.
04-September-2025
Anticipatory Bail >> Criminal Law
The court decided to grant anticipatory bail to a man accused of sexual assault under the pretense of marriage in the case of Manish Kumar Vs State Through SHO PS Chittranjan Park. He faced charges under Section 376 of the Indian Penal Code after a woman he was in a relationship with filed a complaint.
The Prosecution's Allegations:
The complaint came from a 28-year-old consultant. She alleged that she and the accused began their professional relationship in 2019, which soon became personal. She claimed he promised to marry her within one or two years, and they began a sexual relationship based on that promise. Over the following years, they grew closer, traveled together, and she met his family and friends. However, she alleged that he hid the fact that he was already married. She also stated that she financially supported him by paying for trips and buying him expensive gifts.
The woman said she discovered he was married in January 2023 while they were traveling in Europe. After this revelation, she claimed the relationship ended, but she did not file a police complaint until April 2025.
The Defense's Arguments:
The accused's lawyer argued that the relationship was consensual. They stated that the woman, being an educated professional who traveled often, could not have been so naive as to believe his promise of marriage for years without having any doubts. The defense also noted that she had met his family multiple times and argued it was unlikely she never learned about his marital status.
Additionally, the defense questioned the two-year delay in filing the complaint after she supposedly discovered the deception. While her lawyer claimed the delay was due to her being abroad, the court found this reasoning unconvincing. They stated she could have filed a complaint from her location at any time.
The Court's Ruling:
The court sided with the accused. It found that, based on the circumstances, the relationship appeared to be a consensual extramarital affair. The court indicated doubt that the woman was unaware of the accused's marital status for such a long time. The significant delay in filing the complaint also raised suspicions about the truth of her claims.
In the end, the court granted the accused anticipatory bail, requiring him to provide a personal bond of Rs. 10,000 and one surety of the same amount. The court made clear that its observations were solely for the purpose of the bail decision and would not affect the final outcome of the trial.
Section 376., Indian Penal Code - 1860