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Synopsis

Additional Sessions Judge (ASJ) Sunil Gupta of Saket Court, Delhi, has recently granted bail to an accused charged under various provisions of the Indian Penal Code, 1860 (IPC) in a case linked to interactions initiated through the dating app Bumble.

The accused, who was facing charges under Sections 376, 377, 506, and 34 of the IPC, was arrested on December 16, 2023. The bail application was filed citing the completion of the investigation and the accused's adherence to conditions during interim bail.

Considering factors such as the completion of the investigation and the accused's conduct during interim bail, the court imposed conditions including the posting of a bail bond, regular court appearances, prohibition of contact with the complainant or her family, mandatory notification of address changes, and restrictions on international travel.

During the hearing, the defense emphasized the accused's commitment to complying with court conditions, citing legal precedents in support. However, the prosecution opposed the bail application, highlighting the gravity of the charges and their potential impact on the trial process.

Court addressed concerns raised by the complainant's counsel regarding document availability, noting previous instances where the bail application was reviewed during court proceedings.

The judge emphasized the accused's right to life and liberty, observing that his release on interim bail did not automatically warrant regular bail. Despite the complainant's submission regarding assurances given by the accused's relatives, the court deemed it irrelevant to the bail application.

"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 along with 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. 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 judge said. 

Granting bail to the accused upon furnishing a bail bond and sureties, the court imposed conditions to ensure trial integrity. These conditions included regular court appearances, no contact with the complainant or her family, notification of address changes, and restrictions on international travel.

 Case Title: State v. Gautam Kumar