The Himachal Pradesh High Court has granted bail to XXXX, a man accused of raping a woman he met through the dating app Bumble, citing the absence of custodial interrogation requirements and the delay in lodging the complaint.
Justice Virender Singh, who passed the order on May 23, emphasized that judicial custody should not be used as a form of punishment before trial. “The accused cannot be kept in judicial custody for an indefinite period as punishment before trial is not permitted under Indian law,” the judge stated.
According to the case details, the 31-year-old complainant, a solo traveller from Bengaluru, came into contact with the accused through Bumble in February 2025. She alleged that during her visit to Dharamshala, XXXX raped her at an Airbnb after forcing her to consume alcohol and making advances under a false promise of marriage. She later found out that the man was already married and claimed he had also secretly recorded their private moments.
The initial complaint was filed in Telangana, where a Zero FIR was registered. The case was later transferred to Dharamshala Police, and the accused was arrested from Telangana on April 2.
In granting bail, the court made repeated note of the nature of the acquaintance and the woman’s voluntary travel and stay. Justice Singh remarked:
“Keeping in view the specific stand taken by the applicant, qua her acquaintance on Bumble App and thereafter, coming to Dharamshala and staying with the applicant, cannot be ignored while deciding the question of bail.”
The court also considered the month-long delay in filing the complaint:
“However, this fact, cannot be ignored that the prosecutrix travelled from Telangana to Dharamshala, as a solo traveller and stayed with a person, whom, according to her, she had not met earlier except remaining in contact with each other at Bumble App.”
The judge clarified that the issue of consent — whether it was freely given or obtained under false pretenses — would be examined during the trial:
“The question as to whether the consent for physical relations was obtained by deceit or promise of marriage is a matter of trial and cannot be pre-judged at the bail stage.”
Further, the court stressed that custodial interrogation was not necessary:
“The Police is not able to make out a case for custodial interrogation.”
In view of all these observations, the court allowed the bail plea, directing that the trial should determine the factual matrix of the case.
Case: XXXX vs State of Himachal Pradesh & Another – Available on LAWFYI.IO
