Morality separate from offence: Delhi HC grants bail to married gym trainer accused of raping advocate

The Delhi High Court on Wednesday granted bail to a married gym trainer accused of rape and blackmail of an advocate, observing that “morality has to be kept separate from the offence”.

Justice Girish Kathpalia noted that from the pictures and videos shown by the accused to the Court, his relationship with the complainant advocate appeared consensual. 

“As regards argument of learned APP [Additional Public Prosecutor] 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,” the Court said. 

According to the prosecution, the complainant met the accused at a gym in Delhi, where the two developed a friendship. The woman alleged that the accused administered an intoxicating substance to her through a drink, after which she lost consciousness and was taken to an Oyo hotel in Ghaziabad, where she was raped and photographed without consent.

She further alleged that the accused later used the photographs to blackmail her into repeated sexual relations and extorted ₹65,000 by threatening to circulate the images on social media. 

The accused argued that the relationship was consensual and that the complaint was filed only after the relationship deteriorated. He also submitted photographs and video clips before the Court, claiming that they showed the two in a consensual romantic relationship. 

After considering the case, Justice Kathpalia observed that the complainant was an adult and a practicing advocate. The Court said that the investigation had not recovered any objectionable photographs or videos from the accused’s phone. 

The Court further remarked that the material placed on record, prima facie, support the accused’s claim that the relationship was consensual. 

Therefore, the Court granted bail to the accused. 

Advocates Sanjeev Kumar, Kapil Khanna and Asif Khan appeared for the accused. 

Advocate Sanjeev Sabharwal represented the State.