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IN THE HIGH COURT OF DELHI AT NEW DELHI
JUSTICE GIRISH KATHPALIA, J
Sanoj Kumar Mishra – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT :
1. The petitioner has sought anticipatory bail in case FIR No. 174/2025 of Police Station Nabi Karim for offence under Sections 376/323/313/354C/506 IPC.
2. The FIR was registered on the complaint of prosecutrix, explaining the circumstances as follows. The petitioner is a film director based in Mumbai and he allegedly blackmailed and raped the prosecutrix and also forced her to undergone multiple abortions. The prosecutrix came in contact with the petitioner through social media platform Tik Tok and Instagram in the year 2020 and they exchanged their mobile phone numbers. At that time, the prosecutrix was residing in Jhansi. On 17.06.2021, the petitioner called her up to inform that he had reached Jhansi Railway Station to meet her, but she refused to see him, expressing societal pressures. On this, the petitioner stated that if she did not meet him, he would commit suicide by jumping before a running train, after which her entire family would go to jail. The prosecutrix got scared and met the petitioner at the Railway Station. Thereafter, on 18.06.2021, the petitioner called her up and again asked her to come to the Railway Station, otherwise he would commit suicide, so
Consent obtained under coercion or threat is invalid, particularly in sexual exploitation cases, necessitating thorough investigation.
The court ruled that the determination of consent in sexual assault cases is a matter for trial, and significant delays in lodging FIRs may raise suspicions but do not negate the victim's claims.
Grant of anticipatory bail based on the factual matrix, conduct of the parties, and lack of threat perception from the prosecutrix.
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
Anticipatory bail denied as the serious nature of allegations necessitates custodial interrogation, regardless of the delay in lodging the FIR.
Credibility of allegations, witness testimony, and medical evidence are crucial in determining the grant of anticipatory bail in cases of serious offenses like rape.
The court denied anticipatory bail due to the gravity of sexual offences and prima facie evidence against the petitioner, highlighting risks of witness tampering.
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