The Delhi High Court has granted bail to Anil Nirwan, accused of rape and cheating, arising from a peculiar circumstance where the duo involved met on the dating app 'Hinge.' The court, presided over by Justice Vikas Mahajan, weighed the complexities of the case, emphasizing the absence of any promise to marry in the WhatsApp exchanges between the accused and the complainant.
The case, originating from a dating app encounter, has brought to the forefront the complexities surrounding consent, promises in relationships, and the delicate balance between justice and individual rights.
The Case
The accused and the complainant first connected on the dating app 'Hinge' in December 2020, eventually culminating in a romantic relationship. However, the course of events took an unexpected turn when, on January 5, 2021, Nirwan informed the complainant of his alleged illness, claiming to be down with malaria. Urgently needing Rs 25,000 for hospitalization, Nirwan promised to repay the amount after April 2021.
Allegations and Counterarguments
The complainant's allegations included engaging in sexual relations under the false promise of marriage and providing a substantial loan of Rs 1.2 crore for Nirwan's medical treatment. Nirwan's defense strongly contested these claims, asserting that there was no promise of marriage and that the financial transactions were voluntary and directed toward hotel bookings, as per the complainant's wishes.
Legal Scrutiny
Justice Vikas Mahajan, presiding over the case, pointed out a crucial aspect: the absence of any clear promise to marry in the extensive WhatsApp communication between the accused and the complainant. This led the court to tentatively consider the sexual intercourse as consensual, casting doubt on the veracity of the complainant's accusations.
Defense's Counterarguments
During the high court hearing, Nirwan's lawyer strategically presented the complainant's admission of sending "erotic stories" to Nirwan, suggesting a level of intimacy between the two. Additionally, the defense countered allegations of obscene material on Nirwan's phone, asserting the complainant's consent to their creation.
High Court's Rationale for Bail
The court meticulously scrutinized the prosecution's version, acknowledging gaps and tilting the balance in favor of Nirwan. Notably, the absence of a criminal record, the completion of the investigation, and the prolonged trial process factored into the decision to grant bail. The court emphasized that keeping Nirwan in custody indefinitely was untenable, considering the evolving nature of the trial. Consequently, Nirwan was granted bail under specific conditions, including regular court appearances and providing his mobile number to the investigating officer.
The verdict sheds light on the intricate dynamics of relationships formed through dating apps, raising questions about the nature of consent and the challenges in proving fraudulent intent and emphasizing the need for a thorough examination of evidence and a balanced approach to justice.
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