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CDJ 2026 DHC 032
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| Court : High Court of Delhi |
| Case No : BAIL APPLN. No. 94 of 2026 & CRL.M.A. No. 814 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE GIRISH KATHPALIA |
| Parties : Sanjeev Kumar Versus The State Govt Of NCT Of Delhi & Another |
| Appearing Advocates : For the Petitioner: Shubham Singh, Ankur Yadav, Advocates. For the Respondents: Sanjeev Sabharwal, APP, Vikas Kumar, Bandana Rai, counsel. |
| Date of Judgment : 12-01-2026 |
| Head Note :- |
BNS - Section 69 -
Comparative Citation:
2026 DHC 208, |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 69 of BNS
2. Catch Words:
- Anticipatory bail
- Blackmail
- Custodial interrogation
- Bail
- Mobile phone surrender
3. Summary:
The accused applied for anticipatory bail in FIR No. 449/2025 for an alleged offence under Section 69 of BNS, involving consensual sexual relations that were filmed and used for blackmail. The prosecution objected on the ground that the accused had not surrendered his mobile phone, but the investigating officer confirmed receipt of the phone through a third party. The complainant alleged the accused had taken a large loan under false pretences of marriage. The investigating officer sought custody to recover various articles, but the court observed that the recovery issue was unrelated to the FIR’s allegations. The court found no justification to deprive the accused of liberty and ordered that, if arrested, he be released on bail upon furnishing a personal bond of Rs. 10,000 with a surety.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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Judgment (Oral)
1. The accused/applicant seeks anticipatory bail in case FIR No. 449/2025 of PS Dwarka South for offence under Section 69 of BNS.
2. Broadly speaking, the allegation against the accused/applicant is that he indulged in sexual relations with the complainant de facto multiple times and filmed each such encounter and started blackmailing her.
3. It is contended by learned counsel for accused/applicant that there is no allegation of forced or fraudulent sex. It is also contended that in two hotels, where the alleged sexual activity was carried out and voluntarily filmed, had been booked by complainant de facto herself.
4. Learned APP on instructions of IO/SI Shiksha opposes the bail application on the ground that the accused/applicant has not surrendered his mobile phone for investigation.
5. To this, learned counsel for accused/applicant refers to Annexure-IV (colly) which is the weblinks of various pieces of evidence including handing over of his mobile phone to a friend of the complainant de facto. On this, the IO admits that the mobile phone has been received by her.
6. Learned counsel for complainant de facto submits that the accused/applicant kept assuring the complainant de facto that he would get married with her and under this pretext he kept taking loan totalling to the tune of Rs.32,00,000/-, out of which approximately Rs.8,00,000/- was through online banking and the remaining was in cash, drawn by the complainant de facto from her parents' account.
7. The IO/SI Shiksha submits that she needs custody of the accused/applicant to recover articles namely bed, TV, washing machine, gold chain, rings, watches, fridge, earpods, heater, mixer, clothes, mandir, etc. Learned counsel for accused/applicant submits that the accused/applicant is always ready to join investigation as and when directed in writing by the IO and in any case, he has already joined the investigation.
8. Going by the articles, for recovery whereof custodial interrogation is sought by the IO, the case prima facie, appears to be something else and different from what is stated by the complainant de facto in her complaint/FIR.
9. Considering the above circumstances, I find no reason to deprive the accused/applicant liberty.
10. 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. Accompanying application also stands disposed of.
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