The Delhi High Court has rejected the bail application of a man accused of forcing his wife into sexual activities with his friends, observing that the allegations made against him are not typical matrimonial disputes but involve serious criminal charges.
Justice Girish Kathpalia delivered the decision while hearing a plea related to an FIR filed in 2024 under several sections of the Indian Penal Code, including Section 498A (Cruelty by Husband), 406 (Criminal Breach of Trust), 376 (Rape), 328 (Causing hurt by means of poison or drug), 354A (Sexual Harassment), 376D (Gang Rape), along with Section 6 of the POCSO Act.
"This case does not reflect stereotyped matrimonial dispute allegations,"
— Justice Girish Kathpalia, Delhi High Court
Read also:- Allahabad High Court Slams 9 PM Police Summons, Grants Transit Anticipatory Bail to Woman Not Named in FIR
According to the prosecutrix, the accused not only allowed his own brother to sexually harass her, but also pressurised her into wife-swapping arrangements. She stated that he took her to a hotel where his friends molested her, following which she escaped from the scene.
She also accused the man of creating a fake social media account using her photos and using it to solicit people online for sexual encounters in exchange for money.
In his defense, the Petitioner claimed he was falsely implicated in the matter and that the allegations arose from a typical domestic dispute, which, he argued, should make him eligible for bail.
Read Also:- Delhi HC Bar Association Condemns ED Summons to Senior Advocate Arvind Datar
However, the prosecution strongly opposed the bail plea, highlighting that the Petitioner had misused his anticipatory bail earlier by contacting and threatening the complainant over the phone. As a result, his anticipatory bail had to be cancelled.
The Court found that while on anticipatory bail, the Petitioner had communicated with the complainant using a fictitious name via a different SIM card. Investigation later revealed that the SIM was indeed registered in the name of the Petitioner himself.
Read also:- Kerala High Court: NCTE's Delay Cannot Deny Timely Recognition to Eligible Colleges
"The text messages were sent under a fictitious name, but the SIM was found to be in the Petitioner’s name,"
— Observed by Delhi High Court
Taking note of the gravity of the allegations, including rape and gang rape, the Court ruled against granting any bail and dismissed the application.
Appearance:
Mr. Anil Kumar Mishra and Mr. Ankit Dhawan appeared for the Petitioner. Mr. Aman Usman appeared as APP for the State, and Mr. Sarthak Tomar appeared for the Complainant.
Case Title: NKJ v. State NCT of Delhi
Case Number: BAIL APPLN. 1888/2025
