A Delhi Court on Wednesday granted a regular bail to a man accused of raping a woman on the pretext of marriage after meeting her on Bumble Dating App.
While granting bail to the accused, the Court noted that the charge sheet has been filed while accused was on interim bail for the purpose of his sister's marriage.
Delhi police filed a charge sheet on January 25, 2024 and the court has taken cognizance of the same.
This case was lodged on December 10, 2023 at Police Station Saket and the accused was arrested on December 16, 2023.
He was granted interim bail on January 8, 2024. His interim bail was extended further till Wednesday.
Additional Sessions Judge (ASJ) Sunil Gupta granted regular bail to accused Gautam Kumar on furnishing a bail bond of Rupees one lakh and two sureties in the like amount.
Court observation
The court observed, "It is settled law that merely because the accused was out on interim bail does not entitle him to be released on regular bail still considering the facts and circumstances alongwith the valuable right to life and liberty of the applicant and the fact that there was no apprehension of the prosecution or the complainant that the applicant can influence/intimidate the witnesses, it will not be in the interest of justice to send the applicant in custody again." While granting bail, the court rejected the submission of complainant to the effect that the applicant has not married her despite assurances given by his relatives at the time of hearing of his interim bail application on January 8, 2024, cannot be taken into consideration while disposing the present application.
The court said that to ensure that the trial is not hampered due to applicant being out of custody, suitable conditions can be imposed upon him.
No marriage promise from the accused
The Counsel for accused submitted that he had met the complainant through a dating app Bumble and that there was no promise of marriage from his side.
No such promise can be expected in relationships that start with such dating apps.
"The relationship between the parties was consensual in nature, and that the consent of complainant cannot be termed as having been vitiated on the ground of alleged false promise of marriage on the part of applicant," the counsel argued.
It was also argued that the complainant had earlier lodged two FIRs against one Bilal Ahmed for rape in Delhi and forceful conversion of religion in UP.
The complainant opposed the bail application and submitted that she had given her consent for release of applicant on interim bail on January 8, 2024, on the request of his relatives who had assured her that applicant will marry her but he has not done so.
She also submitted that the earlier FIRs rape was registered against Bilal Ahmad does notshow anything regarding her character.
Love Jihad angle
It was further submitted that the case against Bilal Ahmad was of Love Jihad wherein after registration of FIR under relevant Sections in Delhi, another FIR was registered in U.P when she had sent a complaint to the concerned DGP, U.P.
The counsel for complainant opposed the submissions of counsel for accused that there could not have been any promise of marriage because the alleged relationship between them had started through a dating app was wrong.
It was submitted that dating apps like Bumble are used by people to meet and know each other, and it can't be presumed that their only motive is to engage in casual sex. The applicant had met her through that app and he had made her feel like she was his wife.
Additional Public Prosecutor (SPP) opposed the bail application and he submitted that allegations against the applicant were serious in nature and that charge-sheet has been filed against him after completion of investigation showing that a prima facie case for commission of alleged offences including offence of rape was made out against him.
