Accused's bail granted amidst consensual relationship evidence, challenging the prosecutrix's allegations
In a significant judgment delivered on May 12, 2026, the Delhi High Court granted bail to Sabir, a gym trainer accused of rape and blackmail by the prosecutrix, following an assessment of the evidence presented. The court, presided over by Justice Girish Kathpalia, concluded that the evidence indicated consensual romantic relations between Sabir and the prosecutrix, rather than supporting the prosecutrix's allegations of non-consensual acts and blackmail.
The prosecutrix, a practicing advocate, accused Sabir of administering an intoxicant to her, leading to her unconsciousness, followed by rape and the capture of objectionable pictures. She alleged that these pictures were used for blackmail, demanding money under the threat of circulating them on social media. However, evidence presented by Sabir's counsel, including consensual photographs and videos, contradicted these allegations, showing a mutual romantic relationship.
Justice Kathpalia noted that the prosecutrix, being an adult and a practicing advocate, was fully aware of her actions and the nature of her relationship with Sabir. The court highlighted the lack of any incriminating material on Sabir's mobile phone, which corroborated his claim of consensual relations. The judgment underscored the importance of separating personal morality from legal proceedings, especially in matters involving individual liberty.
The prosecutrix opposed the bail application, reiterating her allegations. However, the investigation revealed no objectionable material on Sabir's phone, weakening the prosecutrix's claims. The court rejected arguments based on moral grounds and religious differences, affirming that these considerations should not impact the decision regarding bail.
Sabir, who has been in custody since November 2025, was granted bail on furnishing a personal bond of Rs.10,000 with one surety of like amount. The court emphasized that the observations made during the bail hearing should not prejudice the trial's outcome, which will be determined based on the evidence presented.
Bottom line:-
Bail granted to accused charged under various sections of Bharatiya Nyaya Sanhita, 2023, on the ground that evidence presented suggests consensual relations between accused and prosecutrix, and lack of incriminating material on record.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 308(2), 351(2), 64(2)(m), 79
Sabir v. State (Govt. of NCT Delhi), (Delhi) : Law Finder Doc id # 2897135
