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Delhi Court Grants Bail to Retired Navy Officer in Rape Case Over Flawed Arrest Grounds

The judge applied a Supreme Court precedent requiring individualized written grounds for arrest and found the police memo inadequate.

Overview

  • Additional Sessions Judge Virender Kumar Kharta held that the investigating officer gave generic reasons rather than personal grounds for arrest, citing the Prabir Purkayastha ruling.
  • Regular bail was ordered on February 17 against a ₹25,000 personal bond with two sureties of the same amount.
  • The court barred contact with witnesses, evidence tampering, intimidation, or entering the complainant’s vicinity, with liberty to seek cancellation for any breach.
  • The investigation is complete with a charge-sheet under Section 376 IPC, and the court found no need for further custodial interrogation.
  • Prosecution relied on WhatsApp chats and a money transfer reflecting a long relationship, but the judge said whether sex occurred solely on a marriage promise is for trial as the complainant opposed bail and no threats were shown on record.