Does Women's Profile on Dating site indicate her virtues, HC replies [Read Order]

The Allahabad High Court in deciding an anticipatory bail application has observed that Dating Sites aren't an indication to have judgment on anybodys virtues.

The Bench dismissed the arguement of accused that he had Consensual Sex with the victim and no fake marriage promise was made after analysing the cited chats. In this backdrop, it said:

"Merely, two adults meet on a dating site, and on the third day of meeting him, exchange of words are able to garner confidence that the other party is willing to marry and in the name of marriage, if physical favour is sought, then that will not amount to characterizing a victim, as a person of easy virtues having consented to physical relationship without there being any provocation like promise to perform marriage. Thus, in the aforesaid factual backdrop, presumption sought to be drawn by the learned Senior Advocate, as to the easy virtue of the victim and then deriving theory of consensual sex, may be a matter of trial, but at this stage of summoning, cannot be taken into consideration."

Moreover, the Court stated that non-mentioning of marriage in mobile chats can't deduce the case's merit:

"Though it is true that there is no direct reference to the marriage proposal, but exchange of words showing affection and admiration for a newly met couple without making mention of marriage in the chat does not meant that the allegation of seeking favour without there being any promise of marriage can be deduced from the mobile chat."

In the present case, the Bench said that there were indications in the chats of the relationship meaning something more than casual such as inquiring about family status of the applicant and then about birth date, inquiry about personal habits like smoking and drinking etc. though no direct reference to marriage has been made.

Rejecting the submission that the applicant was granted benefit of anticipatory bail and therefore, there is no reason for not granting anticipatory bail, the Court cited Pramod Suryabhan Pawar vs State of Maharashtra and Another where in, it is held that promise to marry is to be read between the lines.

The Court thus rejected the anticipatory bail plea accordingly.

Read Order Here: