The Delhi High Court has denied bail to an accused in a case involving allegations of sexual offences against a minor, holding that a subsequent marriage between the parties cannot dilute the seriousness of the charges.
Background of the Case
The case pertains to FIR No. 167/2025 registered at Jamia Nagar police station. As per the prosecution, the complainant alleged that she was around 16 years old when she came into contact with the accused through social media.
The complaint outlines allegations of repeated sexual acts on the assurance of marriage. It also refers to instances where the complainant became pregnant and underwent medical termination. The FIR was lodged after the accused allegedly declined to marry her upon her attaining majority.
The accused sought bail on the ground that he had since married the complainant. The defence relied on her testimony before the trial court, where she stated that she had no grievance and claimed she was unaware of the contents of the complaint filed in her name.
The complainant also supported the bail plea and stated that the complaint had been drafted by her lawyer and that she had not read its contents before submission.
The State opposed the bail application, arguing that the complainant is a law student and it is unlikely that she would be unaware of the contents of such a serious complaint. It was also contended that granting bail in such circumstances would not be appropriate given the nature of the allegations.
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Justice Girish Kathpalia noted that the complainant’s claim of ignorance regarding the contents of her complaint appeared difficult to accept at this stage, particularly considering her educational background.
The Court also referred to her earlier statement recorded before a magistrate under Section 164 CrPC, where she had reiterated the allegations made in the FIR. Her later explanation for repeating those allegations was viewed with caution.
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On the issue of marriage, the Court observed that the same took place after the accused had been arrested and was in custody.
“The marriage… does not absolve the accused of the alleged acts committed when the prosecutrix was a minor,” the Court observed.
Considering the nature of the allegations and the material on record, the Court held that it was not a fit case for grant of bail.
The bail application was accordingly dismissed.
Case Details:
Case Title: Gayassudin vs State of NCT of Delhi
Case Number: Bail Appln. 1087/2026
Judge: Justice Girish Kathpalia
Decision Date: April 9, 2026
