Delhi High Court Says Personal Morality Cannot Override Bail Principles In Adult Relationship Dispute

The Delhi High Court has granted regular bail to a man accused of sexual assault and blackmail after observing that the material placed before the Court prima facie indicated a consensual romantic relationship between the parties. In Sabir v. State (Govt. of NCT Delhi) & Anr., Justice Girish Kathpalia emphasised that questions of personal morality must remain separate from criminal liability while deciding matters concerning individual liberty.

The prosecution alleged that the accused, a gym owner, had administered an intoxicating substance to the complainant and sexually assaulted her at a hotel in Ghaziabad before later blackmailing her with objectionable photographs. The complainant further claimed that she was repeatedly exploited and threatened with circulation of private images on social media.

However, the defence argued that the relationship between the parties had been consensual and that the FIR was filed only after the relationship deteriorated. The Court took note of photographs and video clips submitted by the defence, observing that they reflected a mutually affectionate and romantic relationship. It also considered the fact that the complainant was a 30-year-old practising advocate capable of understanding the consequences of her actions and that there was no allegation of a false promise of marriage.

The Court further found it difficult to prima facie accept the prosecution’s version regarding the alleged transportation of the complainant from Delhi to Ghaziabad while unconscious. Rejecting arguments based on the accused being married and belonging to a different religion than the complainant, the Court granted bail upon furnishing a personal bond of ₹10,000.