Delhi High Court Grants Bail to Man Accused of false Promise of Marriage, dowry Demands
New Delhi - The Delhi High Court has granted bail to naveen Yadav, accused of making a false promise of marriage, sexual exploitation, and demanding dowry.The court acknowledged potential merit in arguments presented by the defense but resolute the case warranted bail at this stage.
According to the First Facts Report (FIR), the complainant alleged Yadav promised marriage upon his return from abroad and later, through his mother and sister, demanded a flat in Dubai, a luxury car, and cash as conditions for the wedding. She further alleged threats that he would not marry her without fulfilling these demands,accusing him of inducing her into a sexual relationship under the guise of marriage and engaging in dowry-related offenses.
Justice Monga noted a contradiction in the complainant’s statements, citing a WhatsApp message where she initially stated no physical intimacy occurred, despite her claims in the FIR. The court stated, “the claim of a physical relationship on the pretext of marriage based on a failed genuine intent to marry does not constitute rape.”
The court also found that even if allegations of blackmail and dowry demands were true, they did not fall under Section 69 of the BNS (likely referring to the Bharatiya Nyaya Sanhita, formerly the Indian Penal Code). It highlighted that offenses under Sections 3 and 4 of the Dowry Prohibition Act are bailable and that the case involved only allegations of demand, not the actual exchange of dowry.
Justice Monga emphasized that continued detention would cause undue hardship to Yadav’s family and serve no useful purpose given the likely length of the trial, reiterating the principle of “bail is the rule and jail an exception.” The court also cited a lack of evidence suggesting Yadav would tamper with evidence or abscond, noting his established roots in society and family ties.
The full order can be found here: https://www.livelaw.in/pdf_upload/highcourtorder-8-624071.pdf
