Sabir vs State (Govt. Of Nct Delhi) & Anr.
- Court
- Delhi High Court
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12.05.2026
+ BAIL APPLN. 1523/2026
SABIR .....Petitioner
Through: Mr. Sanjeev Kumar, Mr. Kapil
Khanna and Mr. Asif Khan,
Advocates.
versus
STATE (GOVT. OF NCT DELHI) & ANR. .....Respondents
Through: Mr. Sanjeev Sabharwal, APP for State
with IO/SI Kajal Sandhu and SI
Gurdeep, PS Seemapuri.
Prosecutrix in person ( through
videoconferencing )
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 832/2025 of
PS Seemapuri for offence under Section 308(2)/351(2)/64(2)(m)/79 BNS.
2. I have heard learned counsel for accused/applicant and learned APP
BAIL APPLN. 1523/2026 Page 1 of 6 pages
GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb483
5d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2e
ee60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.05.12 05:48:33 +05'30'
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:12.05.2026
17:59:22
for State assisted by IO/SI Kajal. I have also heard the prosecutrix who has
appeared through videoconferencing. Being herself a practising advocate,
the prosecutrix submits that she does not want to engage any counsel.
3. Broadly speaking, the allegation against the accused/applicant is as
follows. The accused/applicant is a gym trainer, and the prosecutrix started
visiting his gym, where they developed friendship. On one of the days, the
accused/applicant allegedly administered some laced drink to the prosecutrix
due to which she became unconscious and accompanied the
accused/applicant to some place, where he raped her and clicked her
objectionable pictures. Next day when she went to the gym, the
accused/applicant showed her those pictures after which she realized that
she had been raped, so she requested him to delete those pictures.
Thereafter, under the threat of circulating those pictures on social media, the
accused/applicant also demanded Rs.1,00,000/- from her, but she could only
arrange Rs.65,000/- and paid the same to him. Thereafter, the
accused/applicant repeatedly raped her after threatening to circulate her
pictures on social media. Subsequently, she came to know that, for the first
time when the accused/applicant raped her, he had taken her to Oyo hotel in
Mohan Nagar, Ghaziabad, U.P.
4. Against the above backdrop, learned counsel for accused/applicant
contends that the relations between the accused/applicant and the prosecutrix
were completely consensual relations and once the relations turned sour, the
BAIL APPLN. 1523/2026 Page 2 of 6 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569a
f3962c6fb4835d435f97626cacca, ou=HIGH COURT
OF DELHI,CID - 7047638, postalCode=110003,
st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996
b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.05.12 05:48:22 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:12.05.2026
17:59:22
prosecutrix being a practising advocate lodged a false FIR. It is further
submitted that even according to the FIR, the prosecutrix was completely
aware that the accused/applicant is not just a married man, but also has a
child. It is also submitted that the prosecutrix was completely aware that she
is 04 years older than the accused/applicant. As regards the money related
allegations, learned counsel for accused/applicant submits that it is the
accused/applicant who had been transferring money to the prosecutrix or
spending for her online.
5. The prosecutrix has opposed the bail application, reiterating the above
noted contents of her complaint. It is also submitted by the prosecutrix that
her father is employed with the Women Commission and is running NGO
and is against any relations between her and the accused/applicant.
6. Learned APP opposes the bail application on the ground that the
accused/applicant being a married man with a child and falling in love affair
should not be granted bail. Learned APP has also tried to raise a communal
argument in the sense that the prosecutrix and the accused/applicant belong
to different religions.
7. In the course of arguments, learned counsel for accused/applicant has
also submitted across the board 16 coloured photographs and two video clips
in a pen drive, which clearly show that the accused/applicant and the
prosecutrix were happily engaged in a romantic relationship. None of the
BAIL APPLN. 1523/2026 Page 3 of 6 pages
GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3
962c6fb4835d435f97626cacca, ou=HIGH COURT OF
DELHI,CID - 7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b
40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH
KATHPALIA
Date: 2026.05.12 05:48:09 +05'30'
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:12.05.2026
17:59:22
pictures/videos depicts any obscene or objectionable material. Those
pictures/videos are taken on record.
8. It would be significant to keep in mind that the prosecutrix is neither
minor in age, nor an illiterate person. As mentioned above, prosecutrix is
aged about 30 years and is a practising advocate, fully aware of what is good
for her. In any case, the prosecutrix also does not claim that the relationship
between the two of them came into existence and flourished on the basis of
any false promise extended by the accused/applicant to get married with her.
9. The allegation set up by the prosecutrix against the accused/applicant
is that for the first time, the accused/applicant administered some intoxicant
after which she lost consciousness. The gym of the accused/applicant where
he allegedly administered her that intoxicant is situated at Dilshad Colony,
Delhi while the Oyo hotel, where she alleges to have been raped is far away
from there in Mohan Nagar, Ghaziabad. It is prima facie difficult to
understand as to how after losing consciousness the prosecutrix would have
travelled that distance.
10. Further allegation of the prosecutrix is that the accused/applicant
clicked her nude pictures, with which he blackmailed her into repeated
sexual assaults. But the IO submits that the seized mobile phone of the
accused/applicant did not contain any objectionable pictures or videos of the
prosecutrix. The pictures and videos in the mobile phone of the
BAIL APPLN. 1523/2026 Page 4 of 6 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af
3962c6fb4835d435f97626cacca, ou=HIGH COURT
OF DELHI,CID - 7047638, postalCode=110003,
st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996
b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.05.12 05:47:58 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:12.05.2026
17:59:22
accused/applicant are those that have been filed today by learned counsel for
accused/applicant and those pictures/videos depict consensual romantic
relations and not any objectionable material. Those pictures and videos
prima facie support the version of the accused/applicant that the relations
between two of them were completely consensual.
11. As regards argument of learned APP that the accused/applicant being
married man with a child entering into extra marital love affair does not
deserve bail, suffice it to record that morality has to be kept separate from
the offence, that too while dealing with the matter of liberty of an individual.
As regards the argument of prosecution regarding difference of religion, the
same has been recorded to be simply rejected.
12. The accused/applicant is in jail since the month of November 2025.
13. Considering the above circumstances, I do not find any reason to
deprive further liberty to the accused/applicant. Therefore, the bail
application is allowed and accused/applicant is directed to be released on
bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with
one surety in the like amount to the satisfaction of the Trial Court.
14. Of course, none of the above observations shall be read to the
prejudice of either side at the culmination of the trial and the final decision
shall be taken by the learned trial court on the basis of evidence adduced
BAIL APPLN. 1523/2026 Page 5 of 6 pages
GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6
fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID -
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80c
bd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.05.12 05:47:46 +05'30'
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:12.05.2026
17:59:22
during trial, without in any manner getting influenced by the above
observations.
15. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa
, cn=GIRISH KATHPALIA
Date: 2026.05.12 05:47:30 +05'30'
GIRISH
KATHPALIA
GIRISH KATHPALIA
(JUDGE)
MAY 12, 2026/ ry
BAIL APPLN. 1523/2026 Page 6 of 6 pages
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:12.05.2026
17:59:22