IN THE HIGH COURT OF DELHI AT NEW DELHI
FAISAL AHMED – Appellant
Versus
STATE OF GNCT OF DELHI – Respondent
BAIL APPLN.-1616/2025
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10.03.2026 + BAIL APPLN. 1616/2025 FAISAL AHMED .....Petitioner Through: Mr. Rajan Singh, Advocate (through videoconferencing).
versus STATE OF GNCT OF DELHI .....Respondent Through: Mr. Nawal Kishore Jha, APP for State with Inspector Rajneesh Kumar.
Mr. Rishikesh Kumar, Advocate (through videoconferencing) for Complainant with Complainant in person through (through videoconferencing).
CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL)
1. The accused/applicant seeks anticipatory bail in case FIR No. 18/2025 of Police Station Safdarjung Enclave for offence under Section 498A/34 IPC.
2. This anticipatory bail application came up for first hearing on 29.04.2025 before the predecessor bench and the accused/applicant was granted interim protection from arrest, which interim protection continued on date to date basis before different benches. Today, the matter came up BAIL APPLN. 1616/2025 Page 1 of 4 pages D Si i g gi n ta a l t l u y r S e i g N n o ed t Verified G KA IR T I H SH P ALIA DD29Cps9cD e n .a 6 oO iN a 5 r g f =b s t i . U3 :4 a i e t 4G tc 9 aR l . : a 0 2 N = I 6 l 2 T R l C f 0I 2 u 0 8 y I N oO = S c m 2 0 s, d H 86F 6 c io be g 4f b . Db K = 0 =e 0 n dA 4 3 E H r 1 1 e 2= 8 . L T d 1 1 Id e G H3 d H 0 d 0 e b 5 3 H I0 P 8 e , 1 d y C e0 A 8 6 7 C 4 8 I3 G 9 0L D : O 3 6 1 , b I4 I A 5 7 R s 7 U - 2 0 t f 9 I : 7 R = 7 2 2 S 9 6 0 H a c T 1 7 D4 4 4 7 6 O - e5 K 7 8 7 0 2 l1 AF 6 7 h b 7 6 e 3 9 T i ' 2c D 0 ,c 8 6 H af 4 E 0 6 ,c 5 P 5 L ' 5c f AH c af 80 L , I , 07 I o A e 1b u4 e5 =a 2d Hf 6 e 1 I f cG 5a 4 5, H 5 7 5 0 6 9 By:NEETU N NAIR before me for the first time. I heard learned counsel for accused/applicant as well as learned APP for State and learned counsel for complainant de facto.
3. Broadly speaking, the accused/applicant and the complainant de facto, both of whom are well placed academicians fell into love affair and got married in the year 2006. Two children were born from their wedlock. But unfortunately, on account of marital discord, they got separated and got embroiled in other matrimonial litigations as well. On the basis of complaint lodged by the complainant de facto in the year 2024, the FIR came to be registered in 2025.
4. On behalf of accused/applicant it is contended by learned counsel that the accused/applicant deserves not to be sent to jail as the FIR has been registered on tailored facts. It is contended that the accused/applicant is an eminent academician, working as a professor in a reputed business school. It is further contended that no purpose would be served by sending the accused/applicant to jail in this matrimonial dispute.
5. Learned APP for State assisted by IO/Inspector Rajneesh Kumar has not submitted any objection to the present anticipatory bail application.
6. Learned counsel for complainant de facto strongly opposes the application on the ground that the allegations levelled in the FIR pertain not just to the matrimonial discord of dowry demands but also to serious allegations of unnatural sex, which was forced upon the complainant de BAIL APPLN. 1616/2025 Page 2 of 4 pages Digitaly signed by GIRISH KATHPALIA Signature Not Verified GIRISH D 2 5 . 6 N 5 9 . : 4 a c . f 2 = 3 0 I 9 N = 6 , 8 2 o 4 c = 0 6 H 1 fb d IG 4 d 8 H 8 3 8 C 5 9 O d b 4 U 2 3 R 7 5 a T f 7 9 O 7 7 F b 6 2 2 D f 6 E 6 c L 5 a H f c I c , a e , 4 afec45 ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIAp se o r s ia ta lN lC u o m d b e= er 1 = 1 d 0 3 0 e 0 8 3 6 , 7 st 9 = 6 D 4 e 5 l 1 h e i,
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Digitally Signed 7 fa 0 , 9 c 9 n 6 = b G 4 I 0 R f I 8 SH 0c K b A d T 2 H ee P e A 6 L 0 IA 4 02c487965f801e26
By:NEETU N NAIR Date: 2026.03.10 17:17:10 -07'00'
facto by the accused/applicant. It is contended by learned counsel for complainant de facto that she kept tolerating unnatural sex since 2006 onwards, and the accused/applicant was also involved in a number of extramarital affairs.
7. I have examined the FIR. As mentioned above,
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