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Kundan Kumar vs. State NCT of Delhi & Anr.

Bail Application · 2026:DHC:8887Decided 7 Oct 2026New Delhi Bench
BAIL APPLN. 3313/2026CNR: DLHC010375662026
Justice Sachin Datta

Background

Kundan Kumar was accused of entering into a sexual relationship with a woman on a promise of marriage he allegedly never intended to keep, and of voluntarily causing her hurt. The two, both professionals in their early thirties, had known each other since 2024 and had encounters in Delhi and Varanasi. A settlement agreement had been signed in 2025, which the complainant said was signed under pressure. The applicant had already been arrested and the chargesheet filed.

Decision Breakdown

The Court relied on earlier Delhi High Court rulings holding that whether a broken promise of marriage was "false" from the outset (criminal) or a mere "breach" (not criminal) is a question for trial, not something requiring custodial interrogation. Noting the investigation was complete and the applicant had no prior criminal record, the Court granted regular bail on a personal bond of Rs. 25,000 with conditions, clarifying the order was not an opinion on the merits.

Lesson Learnt

In "false promise of marriage" cases, courts generally leave the question of whether the accused ever truly intended to marry to be decided at trial, and will grant bail where the investigation is complete and there is no risk of tampering with evidence.

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