HC Rejects Anticipatory Bail in Rape-by-Deceit Case, Cites Digital Evidence, Victim Protection

Srinagar, May 30, KNT: In a key ruling under India’s new criminal code, the High Court of Jammu and Kashmir and Ladakh rejected the anticipatory bail plea of a man accused of rape under false promise of marriage, citing prima facie evidence of prolonged deception and sexual exploitation initiated through social media.

The case, registered under Sections 69 and 351(3) of the Bharatiya Nyaya Sanhita, involves allegations by a woman who claimed that Shakir-ul-Hassan began an intimate relationship with her in 2021, promised marriage, lived with her in Anantnag and Delhi, introduced her as his wife, borrowed Rs 10 lakhs, and ultimately sexually assaulted her in March 2025. She further alleged threats and assault by his family when she raised her voice.

Justice Sanjay Dhar, while rejecting bail for the main accused, quashed the FIR against his family, ruling their involvement was not substantiated. He emphasised that granting bail at this stage could jeopardise vital digital evidence and discourage other victims from coming forward.

The accused claimed the relationship was consensual and the case was retaliatory, citing the woman’s alleged criminal background. The Court, however, found the timing of the counter-complaint suspect, and upheld the FIR as valid.

Justice Dhar underlined that rape through deceit, especially via social media, is a serious charge under Section 69 of BNS, and said anticipatory bail cannot be presumed in such cases. The judgment underscores the growing importance of electronic evidence and sets a precedent in handling sexual abuse cases involving manipulation and betrayal of trust.