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Jayant Vats vs. State NCT of Delhi & Anr.

Bail Application · 2026:DHC:7429Decided 2 Sept 2026New Delhi Bench
BAIL APPLN. 2556/2026CNR: DLHC010287872026
Justice Girish Kathpalia

Background

The prosecutrix alleged an 8-year relationship with the accused during which she consented to a sexual relationship on his promise of marriage, which he later withdrew citing a horoscope mismatch. After the FIR was filed, the prosecutrix herself filed a sworn affidavit stating the case arose from a "misunderstanding," that the relationship was consensual, that she had since moved on and did not wish to marry him, but that she wanted him released on bail.

Decision Breakdown

The Court acknowledged the prosecutrix, while technically only a witness in a State prosecution, is also the victim whose views carry real weight, and noted she had personally appeared in court to support the bail application. Balancing this against the State's argument that her later stance could change at trial, the Judge found no reason to keep the accused in custody and granted bail, leaving the disputed question of whether her consent was genuinely "tainted" by a false promise to be tested through evidence at trial.

Lesson Learnt

A complainant's own change of heart and support for bail, especially where recorded in a sworn affidavit and repeated in person before the court, is a significant factor in bail decisions, even though it does not by itself decide guilt or innocence, which remains for the trial to determine.

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