03 January 2024 Bail and Antcipatory Bail >> Criminal Law   |   FIR >> Criminal Law  

A man accused of rape and cheating has been granted bail by a court in Delhi. The case involves allegations that the defendant, who met the complainant on a dating app, had sexual relations with her under the false promise of marriage and obtained money by misrepresenting his medical condition.

The prosecution argued that the accused, posing as a highly educated man with a Ph.D., took advantage of the complainant and convinced her to give him money for fabricated medical treatments. The complainant also alleged the sexual encounters were not consensual but due to the promise of marriage.

However, the court found some inconsistencies in the prosecution's case. There was no evidence of any promise to marry found in messages exchanged between the couple. Additionally, the complainant admitted to sending erotic messages to the accused, and continued making payments even after he allegedly defaulted on a loan. Furthermore, no medical documents were found on the accused's devices to support the claim of fabricated illness.

The court pointed out that the bail process is not meant for debt collection, and the gaps in the prosecution's story tilted the balance in favor of the accused. Considering the accused had no criminal record, the trial was unlikely to conclude soon, and he had already spent significant time in custody, the court granted him bail with conditions.

This case highlights the complexities of dating app relationships and the importance of digital evidence in such situations. It also serves as a reminder that the burden of proof lies with the prosecution, and a bail application is decided based on the strength of the presented case at that stage.