The Himachal Pradesh High Court has granted bail to a man who was accused of raping a woman he met through the dating app Bumble. The High Court took note of the delayed lodging of the FIR and also observed that the applicant cannot be kept in judicial custody for an indefinite period, as pre­trial punishment is prohibited under the law.

The Applicant filed the application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), with a prayer to release him on bail, during the pendency of the trial in a case registered under Sections 64(1) and 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The Single Bench of Justice Virender Singh said, “Considering all these facts, this Court is of the view that the applicant cannot be kept in the judicial custody for an indefinite period, as pre­trial punishment is prohibited under the law. The investigation is almost complete.”

Senior Advocate Ajay Kochhar represented the Appellant while Additional Advocate General Tejasvi Sharma represented the Respondent.

Arguments

It was the applicant’s case that the prosecutrix claimed to have met the applicant on a social media Bumble App, with the alleged hope of finding a suitable partner, whereas, according to the applicant, Bumble App is not a matrimonial site. Respondent-­prosecutrix was stated to be a mature lady, aged about 31 years and serving in a private organisation and also a solo traveller. It was also submitted by the applicant that it cannot be presumed from such a mature lady that, without verifying the complete credentials of the applicant, she would give in to the alleged acts, after consuming liquor in the very first meeting.

It was the case of the prosecutrix that she had been raped by the applicant on the pretext of marriage and as per her further version, when the marital status of the applicant was ascertained, he was found to be married.

Reasoning

The Bench noted that the App in question is a dating App, whereas the prosecutrix took a stand in the complaint that she, to find a suitable life partner, had created her profile on the Bumble App. Thereafter, the applicant approached her through the Application.

As per the contents of the complaint, the Bench noted that it would be proved during the trial that the physical relation between the applicant and prosecutrix was consensual or the consent of the prosecutrix was obtained under the pretext of marriage. “However, this fact, cannot be ignored that the prosecutrix travelled from Telangana to Dharamshala, as a solo traveller and stayed with a person, whom, according to her, she had not met earlier except remaining in contact with each other at Bumble App”, the Bench said.

It was further noted that the prosecutrix took about one month to lodge the FIR in question. As per the Bench, it is for the prosecutrix to explain the delay in lodging the FIR, during trial, but at the time of deciding the bail application, all these facts cannot be ignored.

The Bench also took note of the specific stand taken by the applicant, qua her acquaintance on the Bumble App and thereafter, coming to Dharamshala and staying with the applicant. The Police were also not able to make out a case for custodial interrogation. Thus, allowing the application, the Bench directed the release of the applicant on his furnishing personal bond, in the sum of Rs. 50,000 with two sureties of the like amount.

Appearance:

Applicant: Senior Advocate Ajay Kochhar, Advocates Swati Sharma, Anubhav Chopra

Respondent: Additional Advocate General Tejasvi Sharma, Deputy Advocate General Rohit Sharma, ASI Suneet Kumar

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Himachal Pradesh High CourtJustice Virender Singh

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.