The Delhi High Court on Wednesday granted bail to a gym trainer accused of raping and blackmailing a woman advocate, while observing that issues of morality should not be mixed with the question of criminal liability and personal liberty.

The bench of Justice Girish Kathpalia noted that the photographs and video clips shown by the accused before the Court prima facie indicated that the relationship between the two appeared consensual.

“As regards argument of learned APP that the accused/applicant being married man with a child entering into extra marital love affair does not deserve bail, suffice it to record that morality has to be kept separate from the offence, that too while dealing with the matter of liberty of an individual,” the Court observed.

The judge also rejected the prosecution’s argument relating to the difference in religion between the parties, stating that the same did not merit consideration in the present matter.

According to the prosecution, the complainant, who is a practicing advocate, met the accused at a gym in Delhi and the two gradually became friends. The woman alleged that the accused later gave her an intoxicating substance through a drink, after which she lost consciousness.

She claimed that he then took her to an Oyo hotel in Ghaziabad where he sexually assaulted her and clicked objectionable photographs without her consent.

The complainant further alleged that the accused subsequently used those photographs to blackmail her into maintaining physical relations and also extorted ₹65,000 by threatening to make the images public on social media.

Opposing the allegations, the accused argued that the relationship was entirely consensual and that the FIR was lodged only after their relationship turned sour. He also placed photographs and video clips before the Court to support his claim that they were involved in a consensual romantic relationship.

While considering the bail plea, Justice Kathpalia observed that the complainant was an adult and a practicing lawyer capable of understanding the nature of her actions and decisions.

The Court also noted that the investigating agency had not recovered any objectionable photographs or videos from the accused’s mobile phone during the probe.

Observing that the material on record prima facie supported the accused’s stand regarding the consensual nature of the relationship, the Court granted him bail.

Advocates Sanjeev Kumar, Kapil Khanna and Asif Khan appeared for the accused, while Advocate Sanjeev Sabharwal represented the State.