“Since the appellant is presently residing in London and he is directed to cooperate with the investigation, in the event he returns to India for the purpose of cooperating with the investigation or for any other purpose, this order shall protect him insofar as the present offences alleged against him,” said the bench on January 8.
The Supreme Court also ordered that the look-out notice, blue corner notice and the proclamation declaring him a proclaimed offender be kept in abeyance. (Image enhanced using AI)
Background
The complainant, a practising advocate from Mumbai, alleged that the appellant had sexually exploited her on the false promise of marriage while she was guiding him in his divorce proceedings.
A case was registered against the man, alleging offences under Sections 69 (sexual intercourse induced by deceitful means or a false promise of marriage), 318(4) (cheating involving valuable securities or property), 316(2) (criminal breach of trust) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita, 2023, along with Section 66E (violation of privacy) of the Information Technology Act, 2000.
Apprehending arrest, the appellant, who is currently residing in London, approached the Bombay High Court seeking anticipatory bail.
The high court rejected his plea on October 15, 2025, prompting him to move the Supreme Court.
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On November 17, the court had officially summoned the parties and scheduled the next hearing for December 12, 2025 and granted the petitioner temporary protection.
It prohibited the authorities from taking any actions such as an arrest, against the petitioner in connection with the case.
Observations
Allowing the appeal, the Supreme Court held that the appellant was entitled to anticipatory bail under Section 482 (anticipatory bail) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Setting aside the high court’s order, the court directed that in the event of arrest, the appellant be released on bail upon furnishing cash security of Rs 25,000 with two sureties.
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The court also ordered that the look-out notice, blue corner notice and the proclamation declaring him a proclaimed offender be kept in abeyance.
The judges made it clear that the appellant must fully cooperate with the investigation, must not influence witnesses, and must not tamper with evidence.
“It is directed that the appellant shall extend complete cooperation in the ensuing investigation. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record,” the bench said.
Taking note of the appellant’s overseas residence, the court said the protection would continue if he travelled to India for investigation or any other purpose, and directed the authorities to inform him of investigation dates well in advance.
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“The intimation of the date of investigation shall be made known to the appellant herein well in advance so as to enable him to travel to India,” said the bench.
Arguments
The counsel appearing for the appellant argued that the allegations were “wholly false and frivolous” and stemmed from a consensual relationship that had ended.
It was submitted that neither party intended to marry the other and that the criminal complaint was an abuse of process.
“The appellant is an IT professional residing overseas. The dispute is personal in nature and does not warrant criminalisation, much less the issuance of international notices,” the defence submitted.
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Opposing the plea, the state informed the court that multiple coercive steps had already been initiated, including issuance of a blue corner notice, a non-bailable warrant, proclamation proceedings, and a look-out notice against the appellant.
Counsel for the complainant supported the state’s stand, arguing that the allegations were serious and warranted custodial investigation.
The Supreme Court also ordered that the look-out notice, blue corner notice and the proclamation declaring him a proclaimed offender be kept in abeyance. (Image enhanced using AI)
