'Morality Has To Be Kept Separate From Offence In Matters Of Liberty': Delhi High Court While Granting Bail To Rape Accused

The Delhi High Court has granted bail to a gym trainer accused in a rape case while observing that “morality has to be kept separate from the offence” when deciding questions concerning personal liberty.Justice Girish Kathpalia made the observation while allowing the regular bail plea in connection with offences under Sections 308(2), 351(2), 64(2)(m) and 79 of the Bharatiya Nyaya Sanhita.According to the prosecution, the accused, who worked as a gym trainer, developed a friendship with the prosecutrix after she started visiting his gym. It was alleged that he administered a laced drink to her, after which she lost consciousness and was taken to a hotel where he allegedly raped her and clicked objectionable photographs.The prosecutrix further alleged that the accused repeatedly sexually assaulted her by threatening to circulate the pictures on social media and also extorted money from her.Seeking bail, the accused argued that the relationship between the two was entirely consensual and that the FIR was lodged only after the relationship turned sour. The defence also produced photographs and videos before the Court to contend that the accused and the prosecutrix were in a “romantic relationship.”The Court noted that none of the pictures or videos contained any obscene or objectionable material and observed that they prima facie supported the accused's claim that the relationship was consensual.The Court also took note of the fact that the prosecutrix was a 30-year-old practising advocate “fully aware of what is good for her”, and not a minor or an illiterate person. It further observed that she did not allege that the relationship was induced on the basis of any false promise of marriage.During the hearing, the prosecution opposed the bail plea on the ground that the accused was a married man with a child and was involved in an extra-marital affair. It was also argued that the accused and the prosecutrix belonged to different religions.Rejecting the submissions, the Court observed:“Morality has to be kept separate from the offence, that too while dealing with the matter of liberty of an individual.”Considering the overall circumstances and the fact that the accused had been in custody since November 2025, the High Court granted him bail on furnishing a personal bond of ₹10,000 with one surety of the like amount.Appearance: Mr. Sanjeev Kumar, Mr. Kapil Khanna and Mr. Asif Khan, Advocates for Petitioner; Mr. Sanjeev Sabharwal, APP for State with IO/SI Kajal Sandhu and SI Gurdeep, PS Seemapuri. Prosecutrix in personCase title: Sabir v. StateCitation: 2026 LiveLaw (Del) 484Case no.: BAIL APPLN. 1523/2026Click here to read order

'Morality Has To Be Kept Separate From Offence In Matters Of Liberty': Delhi High Court While Granting Bail To Rape Accused

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'Morality Has To Be Kept Separate From Offence In Matters Of Liberty': Delhi High Court While Granting Bail To Rape Accused

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