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Mohd Sameer vs. The State of NCT of Delhi

Bail Application · 2026:DHC:7669Decided 9 Sept 2026New Delhi Bench
BAIL APPLN. 1554/2026CNR: DLHC010170112026
Justice Saurabh Banerjee

Background

The applicant was engaged to be married to the complainant, who alleged that after receiving jewelry and cash worth several lakh rupees during the engagement, he abused her, refused to marry her upon learning of his own alleged infidelity, and had previously forced himself on her physically. After the FIR was registered, the applicant evaded two summonses to join the investigation, prompting police to issue a non-bailable warrant; a raid at his home found him absent. He then sought anticipatory bail.

Decision Breakdown

The Court denied anticipatory bail, holding that the allegations (breach of promise to marry combined with an alleged act of sexual assault and demand of dowry-like articles) were serious and required custodial interrogation, particularly regarding the disputed jewelry and cash. The applicant's demonstrated pattern of evading the investigation, including not being found at his own residence during a raid, weighed heavily against granting him pre-arrest protection, since anticipatory bail should be granted sparingly given the risk of the applicant absconding or tampering with evidence.

Lesson Learnt

Anticipatory bail is not a routine entitlement: a track record of dodging investigators (missed notices, non-bailable warrants, absence during raids) will usually defeat such an application, especially where the underlying allegations are serious.

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