'Not Stereotyped Allegations': Delhi High Court Denies Bail To Man Accused Of Swapping Wife With His Friends

Stating that the case does not reflect “stereotyped matrimonial dispute allegations”, Justice Girish Kathpalia denied the relief in a 2024 FIR lodged under Sections 498A (Cruelty), 406 (Criminal Breach of Trust), 376 (Rape), 328 (Causing hurt by stupefying),354A (sexual harassment) and 376D (Gang rape) and under Section 6 POCSO Act.

The prosecutrix alleged that the Petitioner allowed his brother to sexually harass her. He also started compelling her to agree to wife swapping and for that purpose, he took her to a hotel where his friends molested her, so she ran away. It was further alleged that the Petitioner created her fake social media account and used her pictures to solicit people to make sexual relations with her for money.

The Petitioner on the other hand submitted that he has been falsely implicated and in any case, the allegations against him are those arising out of matrimonial disputes, warranting bail.

The State opposed bail on the ground that Petitioner had misused his anticipatory bail by threatening the prosecutrix over phone and ultimately, the relief had to be cancelled.

The Court noted that Petitioner admittedly got in touch with the prosecutrix and exchanged text chats while he was on anticipatory bail.

It further noted that those text chats were made under a fictitious name through a new SIM card, but in investigation, the said SIM was found to be registered in Petitioner's name.

Further noting that the case involves allegations of rape and gang rape, the Court dismissed the bail plea.

Appearance: Mr. Anil Kumar Mishra and Mr. Ankit Dhawan, Advocate for Petitioner; Mr. Aman Usman, APP for State. Mr. Sarthak Tomar, Advocate for Complainant.

Case title: NKJ v. State NCT of Delhi

Citation: 2025 LiveLaw (Del) 685

Case no.: BAIL APPLN. 1888/2025