The Saket District Court granted bail to a man who was accused of false promise of marriage and rape by a woman he had met through a dating app called Bumble.

The complainant had filed an FIR alleging false promise of marriage and rape. It was submitted that the complainant had earlier lodged another FIR against another man under U.P. Prohibition of Unlawful Conversion of Religion Act, 2021. The Allahabad High Court had taken no coercive action against that man.

After the applicant was arrested, he was released on interim bail to attend the marriage ceremony of his sister. In the meanwhile, a charge sheet was filed against him for the offence under Sections 376/377/506/34 IPC.

The applicant had argued that he was implicated in a false case stating that the relationship between him and the complainant was consensual, refuting any allegations of false promises.

Addl. Sessions Judge Sunil Gupta 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.

Addl. PP Santosh Kumar represented the State, while Advocate Namit Saxena appeared for the applicant.

The applicant had argued that he did not misuse his liberty while he was out on interim bail and had cooperated with the authorities throughout the process.

The complainant had opposed the bail application, stating that she consented to the accused's interim release based on assurances of marriage from his relatives, which were not fulfilled. She clarified that prior FIRs against another individual did not show anything regarding her character. The complainant stated that the relationship, initiated through Bumble, was serious, contrary to the applicant's claim of casual interaction on dating apps.

The Court remarked, “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 08.01.2024 cannot be taken into consideration while disposing the present application.”

The applicant was granted bail by the court on a bail bond for a sum of Rs. 1 lac.

Cause Title: State v. Gautam Kumar

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