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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9134/2025 & CRL.M.A. 38194/2025

S .....Petitioner

Through: Mr. Shailesh Chandra Jha, Advocate

(DHCLSC)

versus

STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents

Through: Mr. Amit Ahlawat, APP for the State

with SI Vinod Kumar, PS Mehrauli.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 22.12.2025

1. This petition under Section 483(3) read with Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, “BNSS” (corresponding to Sections

439(2) and 482 of the Code of Criminal Procedure, 1973, “CrPC”) seeks

cancellation of bail and setting aside of order dated 22^nd September, 2025.

By the impugned order, Sessions Court has granted pre-arrest bail in the

proceedings arising out of FIR No. 467/2025 dated 26^th June, 2025,

registered under Section 69 of the Bharatiya Nyaya Sanhita, 2023, “BNS” at P.S.

Mehrauli, Delhi.

2. The Petitioner, the complainant in the aforesaid FIR, alleges that she

was in a relationship with the accused for about three years and that they

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 00:45:14

resided together at Chhatarpur. She asserts that the accused established

physical relations with her on a false promise of marriage. She further

alleges that when she discovered that he was communicating with other

women and confronted him, he continued to placate her with assurances that

he would marry her. She also alleges that the accused was in possession of

objectionable photographs of the complainant and used them to exert

pressure.

3. The Sessions Court, while considering the application for pre-arrest

bail, examined the material placed on record and noted, prima facie, that the

relationship between the parties was long-standing. The WhatsApp

communications exchanged between them indicated that engagement and

marriage were being contemplated for June/July, 2024. The Sessions Court

also took note of the admitted position that a Memorandum of

Understanding dated 9^th September, 2024, was executed between the parties

recording that they would part ways. Although the complainant asserted that

the MoU was executed under pressure and after facing assault, the Sessions

Court found that the contemporaneous chats, prima facie, did not support the

allegation of coercion. It was also noticed that there was no MLC supporting

the allegation of assault on 9^th September, 2024. On this prima facie

appraisal, the Sessions Court granted pre-arrest bail.

4. The accused has joined and cooperated in the investigation which now

stands concluded, and the charge-sheet has been filed. The matter is stated to

be listed for committal before the Sessions Court, in view of the nature of

the offence alleged.

5. Counsel for the Petitioner assails the impugned order on merits,

contending that the accused repeatedly extended false assurances of

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 00:45:14

marriage, exploited the Petitioner sexually under that pretext, and also

received monies transferred by the Petitioner. It is urged that the MoU dated

9^th September, 2024 was not voluntary, as it was executed under threats to

circulate “obscene photographs and videos” of the Petitioner on social

media.

6. At this stage, it becomes necessary to recall the legal principles

seeking cancellation of bail or interference with an order granting bail.

Cancellation of bail stands on a different footing from rejection of bail at the

threshold. Once liberty has been extended, the power to withdraw it is

ordinarily exercised when there are cogent circumstances, such as misuse of

liberty, non-cooperation, attempts to influence witnesses, tampering with

evidence, or other supervening conduct that h