[Cites 3, Cited by 0]
Delhi High Court
Faisal Ahmed vs State Of Gnct Of Delhi on 10 March, 2026
$~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
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.03.10 17:17:21 -07'00'
By:NEETU N NAIR
Signing Date:10.03.2026
17:40:58
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
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e26
Digitally Signed fa, cn=GIRISH KATHPALIA
Date: 2026.03.10 17:17:10 -07'00'
By:NEETU N NAIR
Signing Date:10.03.2026
17:40:58
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, the accused/applicant
got married with the complainant de facto in the year 2006 and the first
complaint lodged by the complainant de facto was only in 2024, which came
to be registered in 2025. Before getting married, the accused/applicant and
the complainant de facto were in love affair. Further, on 04.11.2025, it is
both of them who requested the predecessor bench for referring the matter to
the mediation centre as there was possibility of a settlement.
8. So far as the allegations of unnatural sex imposed by the
accused/applicant on the complainant de facto are concerned, at this stage,
the only relevant aspect to be kept in mind is that according to complainant
de facto the same was continuing from the year 2006 onwards; and it also
cannot be ignored that the complainant de facto herself joined the
accused/applicant into seeking referral of dispute to the mediation centre.
9. One also cannot lightly brush aside the submission advanced on
behalf of the accused/applicant that the allegations of sexual misconduct
have been incorporated in the complaint only to circumvent the law laid
down by the Supreme Court in the case of Arnesh Kumar vs. State of Bihar
2014 (8) SCC 273. But at the same time, a cautious rider also must be added
BAIL APPLN. 1616/2025 Page 3 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
Digitally Signed 15570996b40f80cbd2eee60402c487965ff
801e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.10 17:17:00 -07'00'
By:NEETU N NAIR
Signing Date:10.03.2026
17:40:58
that just because such allegations are now being frequently observed in
dowry related complaints subsequent to Arnesh Kumar (supra) it does not
mean that every such case must be looked at with suspicion. Each case must
be tested on its peculiar matrix. However, for present purposes, curtailment
of liberty of the accused/applicant only on the ground of such allegations
would not be proper.
10. As mentioned above, the accused/applicant is well placed in the
society and is not a flight risk at all. There is also no allegation from the
State that the accused/applicant misused the interim liberty granted to him
by the predecessor benches till date.
11. Considering the overall circumstances as described above, the
application is allowed and it is directed that in the event of his arrest, the
accused/applicant shall 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 IO/SHO concerned. The accused/applicant shall
join investigation as and when directed in writing by the IO.
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e26
fa, cn=GIRISH KATHPALIA
Date: 2026.03.10 17:16:48 -07'00'
GIRISH KATHPALIA
(JUDGE)
MARCH 10, 2026/dr
BAIL APPLN. 1616/2025 Page 4 of 4 pages
