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Nikhil @ Sushil @ Lucky vs. State of NCT of Delhi & Anr.

Bail Application · CNR No. DLHC010386092026Decided 13 Oct 2026New Delhi Bench
BAIL APPLN. 3422/2026CNR: DLHC010386092026
Justice Girish Kathpalia

Background

The petitioner was accused of rape after a relationship that began on Snapchat with a woman who later discovered he was married. The prosecutrix alleged he repeatedly misled her about his marital status, and that physical relations occurred at her home in May 2026 after which he promised marriage. A dispute followed in which her family assaulted him and broke his phone, and his wife filed a separate police complaint; the rape FIR followed about three weeks later. He had been in jail since 30.06.2026 and a chargesheet had already been filed.

Decision Breakdown

The Court examined the sequence of events, the prosecutrix repeatedly blocking and unblocking the accused despite knowing he was married, visiting his home, and continuing contact, and found the relationship appeared consensual for the purpose of the bail analysis, while expressly clarifying that the trial court must independently assess the merits later. Given that the prosecutrix could not convincingly explain any ongoing threat, the investigation was complete, and the chargesheet was filed, the Court found no reason to keep the accused in custody further. Bail was granted on a personal bond of Rs. 25,000 with one surety, with a strict condition against contacting the prosecutrix or her family.

Lesson Learnt

Bail is about liberty pending trial, not a verdict on guilt: courts can find a relationship "apparently consensual" for bail purposes while leaving the trial court entirely free to reach its own conclusion on the full evidence.

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