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Synopsis

The Delhi High Court on Wednesday granted bail to a man accused of rape under the pretext of marriage involving a woman he had met on the dating app "Hinge".

The bench of Justice Vikas Mahajan emphasized that the exchanges between the accused and the complainant did not reveal any marriage proposals, highlighting the "consensual nature" of their relationship.

The court observed that the complainant and the accused initially connected on the dating app "Hinge" rather than a matrimonial platform. Numerous WhatsApp messages were exchanged between them, and the court noted that none of these messages indicated any promise or proposal of marriage by the petitioner.

During the examination-in-chief, the complainant disclosed that despite discovering the accused's false educational qualifications, she continued to stay with him at an Airbnb for four days, engaging in repeated consensual sexual encounters.

Regarding explicit photographs and videos recovered from the accused's phone, the judge noted that the complainant, during cross-examination, admitted that these materials were taken with her "consent".

The court stated that the sexual intercourse was prima facie consensual, with no evidence of false promises or consent obtained under a misconception.

The single-judge bench was dealing with a plea filed by a man seeking bail in a case wherein he was booked under Sections 376 and 420 of the Indian Penal Code (IPC).

It was stated that the accused and complainant met on Hinge and fell in love. While the accused initially claimed to have an engineering degree from IIT Kharagpur, a double masters from the UK and New Zealand, and a PhD from Kings College, London, later it was revealed that he was only a BSc graduate.

The complainant alleged that she provided nearly Rs. 1.2 crore to the accused for medical treatment, even after discovering the misrepresentation.

The prosecution contended that the first payment of Rs. 25,000 was made in January 2021, and despite the accused not returning the money, the complainant continued to provide substantial sums.

After considering the arguments and the overall circumstances, the court concluded that the accused had presented a case for regular bail.

"Accordingly, the petitioner is admitted to bail subject to his furnishing a Personal Bond in the sum of Rs. 25,000/- and one Surety Bond of the like amount," the court ordered. 

Case Title: Anil Nirwan v. State of NCT of Delhi