Delhi High Court Denies Anticipatory Bail to Vivek Deep Amidst Serious Allegations of Harassment

Court cites seriousness of accusations and potential misuse of bail as reasons for dismissal of anticipatory bail application.

In a significant legal development, the Delhi High Court has denied the anticipatory bail application of Vivek Deep, who was seeking relief in a case involving serious allegations of harassment, intimidation, and defamation. The judgment, delivered by Ms. Neena Bansal Krishna, J., emphasized the gravity of the accusations and the potential risk of bail misuse by the accused to further harass the complainant.

The case, registered under FIR No. 530/2025 at Shahbad Dairy Police Station, involves multiple serious charges under the Bharatiya Nyaya Sanhita, 2023, including sections related to persistent misconduct and intimidation. The complainant accused Vivek Deep of engaging in a sustained pattern of harassment, utilizing social media to circulate defamatory content, and making threats to the complainant and her daughter.

Despite Vivek Deep’s arguments highlighting previous acquittals in similar complaints and asserting the FIR as a counterblast to ongoing judicial proceedings, the court found his conduct troubling. The court noted that his actions were not isolated incidents but part of a continuous pattern of harassment, which included physical intimidation and digital defamation.

The High Court underscored the extraordinary nature of anticipatory bail, reaffirming that it should be granted cautiously, especially in cases involving serious offenses. The court referred to precedents, including the Supreme Court's observations in Srikant Upadhyay v. State of Bihar, emphasizing that anticipatory bail should not be considered a rule but rather a discretion exercised based on the case's facts and circumstances.

The judgment highlighted that the accused’s actions, which included threatening the complainant and her daughter even after the FIR was lodged, demonstrated a likelihood of bail misuse. The court also pointed to his inappropriate conduct on social media platforms, which further justified the denial of anticipatory bail.

In light of the seriousness of the allegations and the potential for witness intimidation, the Delhi High Court concluded that granting bail would not be appropriate, thus dismissing the application. The court's decision serves as a reminder of the judiciary's cautious approach in dealing with cases of harassment and intimidation, reinforcing the principle that bail, particularly anticipatory bail, must be judiciously granted.

Bottom Line:

Anticipatory bail cannot be granted in cases involving serious allegations of persistent harassment, intimidation, and defamation, especially when the conduct of the accused demonstrates a likelihood of misuse of bail to further harass the complainant.

Statutory provision(s): Sections 77, 87, 324(1), 351, 308(2) of Bharatiya Nyaya Sanhita, 2023; Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023; Section 438 of Criminal Procedure Code, 1973.

Vivek Deep v. State Govt. of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2799935