Delhi High Court Grants Bail to Man Accused of false Promise of Marriage, dowry Demands
New Delhi โค- The Delhi High Court has granted โbail to naveen โYadav, accused of making a false promise of marriage, sexual exploitation, and demanding dowry.The court โacknowledged โขpotential merit in arguments presented by the โdefense but resolute the case warranted bailโฃ at this stage.
According to the Firstโฃ Facts Report (FIR), the complainant alleged Yadav promised marriage upon his return from abroad and later, through his motherโฃ and sister, demanded a flat in Dubai,โข a luxury car, and cashโค as conditions for โฃthe wedding. She further alleged threats that โhe wouldโ not marry her without fulfilling these demands,accusing him of inducing her into a sexualโ relationship under the guise โคof marriage and engaging in dowry-related offenses.
Justice Monga noted a contradiction in the complainant’sโ statements, citing a WhatsApp message where she initially stated no physical intimacy occurred, despite herโฃ claims in the FIR. The court stated, “the claimโ of a physical relationship on the pretext of marriage based on a failed genuine intent โto marry does not constitute rape.”
The court also found that even if allegations of blackmail and dowry demands were true, they โขdid not fall under โSection 69โ 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 โDowry Prohibition Act are bailable and that โthe case involved only allegations ofโค demand, not the โactual exchange โฃof dowry.
Justice Monga emphasized โฃthat continued detention would cause undue โฃhardship โto Yadav’s family andโ serve no โuseful purpose โขgiven the likely length โof the trial, reiterating the โprinciple of “bail is the rule and jail an exception.” The court also cited a lack of evidence suggesting Yadav wouldโ tamper with evidence or abscond, noting his established roots โคin society and family ties.
The full order can beโ found here: https://www.livelaw.in/pdf_upload/highcourtorder-8-624071.pdf