Petitioner sought cancellation of bail granted to the accused for alleged rape on the pretext of marriage, citing her alleged intoxication and a subsequent FSL report. The High Court held intoxication and the FSL report were matters of trial, noted no bail conditions were violated, and dismissed the petition while directing expeditious trial.
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ABC .....Petitioner
Through: Mr. Abhay Gupta, Mr. Paramjeet Singh, Mr. Sargam Jain, Advs.
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Sanjeev Sabharwal, APP for the State. SI Dipika, PS Adarsh Nagar. Mr. Gajraj Singh, Ms. Sakshi, Mr. Tarun Inder Dev, Advs. For R-2.
CORAM: HON'BLE MR. JUSTICE AMIT SHARMA
prayers: -
“A. Allow the petition and set aside the order dated 29.08.2023 passed by Ld. Additional Session Judge, Rohini Delhi granting bail to Resp. NO.2 / accused.
B. Pass any such other order or orders as this Hon'ble Court may deem fit and proper interest he interest of justice.”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 02:56:00
2 had come to her knowledge after 10.08.2023 and, thereafter, she sought return of her phone, which was not done and, therefore, after realising the fraud played upon her the present complaint was filed. It is further submitted that the learned Trial Court while granting bail to the present applicant did not appreciate the said facts and granted bail to the applicant on the ground that the petitioner during the course of hearing had admitted to be in a live-in relationship with respondent no. 2 It is further submitted that the FSL report has now been received which shows that certain obscene i mages and videos have been retrieved from the respondent no. 2’s phone.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 02:56:00
“During the course of proceedings, the court enquired from the complainant about the genuineness and authenticity of the photographs and Whatsapp chat annexed' by the accused alongwith application. After going through the same, complainant submitted that photograph and chat are genuineness, however, some messages have been deleted by the accused. I have gone through the chat history wherein accused has disclosed his birthday as 11th of September and not 3rd of March as alleged by the complainant. Both of them were chatting with each other on 04.03.2023 around 12 midnight which is in contradiction with the contents of the FIR that complainant was raped when she was in unconscious condition in the intervening night of 0304.03.2023. Accused has also made certain payments into the account of the complainant on several occasions. There is an inordinate delay in registration of FIR as the alleged incident occurred on 03.03.2023 whereas the FIR was registered on 20.08.2023. It is also surprising to observe that if, accused had raped forcibly on 03.03.2023 then. how come complainant agreed to have a live in relationship with him.
As per report filed by 10, last sexual relations were made on 08.07.2023. Accused was arrested on 20.08.2023 and his potency test has already been conducted. Investigation qua accused is complete and he has also handed over his phone to the IO. Considering the fact that prosecutrix came in contact with the accused on Social Media App 'Instagram', they had physical relation on many occasions, no complaint was ever lodged by the prosecutrix since 03.03.2023 till registration of FIR, prosecutrix had denied for her medical examination and there is no threat perception involved from the side of accused, I deem it appropriate to admit the accused/applicant to bail. Accordingly, accused/applicant Shubham Dhingra is admitted to bail subject to furnishing a personal bond in the sum of Rs. 50,000/- with one surety in the like amount on the following conditions to the satisfaction of Ld. MM/Ld. Link MM./Ld. Duty MM,
i) That the applicant/accused shall not leave Delhi without prior intimation to the IO/Court either by written intimation or through SMS to, IO on mobile phone in advance;
ii) That the applicant/accused will supply all numbers of his functioning phones/mobile phones to the IO as well as about his whereabouts.
iii) That the applicant/accused shall not tamper with the
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 02:56:00
evidence;
iv) That the applicant/accused shall not try to contact in any manner or threat the prosecution witnesses; v) That in case of change of his residential address, he shall intimate the court about the same;
vi) That the applicant shall attend the Court on each and every date of hearing without fail vii) In case of involvement in any criminal case during bail period the bail shall be liable to be cancelled.
Nothing stated above herein shall tantamount of any expressions on the merits of this case.
A copy of this order be sent to the Jail Superintendent concerned for further communication to the accused/applicant. Copy of this order be also forwarded to Jail Superintendent concerned through E- Mail.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 02:56:00
AMIT SHARMA, J
MAY 19, 2025/ kr/sc
Click here to check corrigendum, if any
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 02:56:00
1 issue framed by the court
Should bail granted to respondent no. 2 for alleged rape on the pretext of marriage be cancelled given the petitioner's intoxication claim and the FSL report?
1 provisions across 1 enactments
ABC
State of NCT of Delhi
Shubham Dhingra
Amit Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
