The Delhi High Court has refused to grant bail to a man accused of coercing his wife into wife-swapping and facilitating her sexual abuse by others, observing that the allegations went far beyond a “stereotyped matrimonial dispute.”

Justice Girish Kathpalia, hearing the matter in BAIL APPLN. 1888/2025 titled NKJ v. State NCT of Delhi, dismissed the bail plea in connection with a 2024 FIR registered under multiple serious offences, including Sections 376 (rape), 376D (gang rape), 498A (cruelty), 406 (criminal breach of trust), 354A (sexual harassment), and 328 (causing hurt by means of stupefying substances) of the Indian Penal Code, as well as Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.

According to the prosecution, the accused not only permitted his brother to sexually harass his wife but also pressured her into wife-swapping. He allegedly took her to a hotel where his friends molested her, prompting her to flee. Further, he was accused of creating a fake social media profile using her photographs to solicit sexual services for money.

Opposing the bail plea, the State contended that the petitioner had misused the relief of anticipatory bail by threatening the complainant over the phone, which ultimately led to its cancellation.

The Court took note of the fact that during the period he was on anticipatory bail, the petitioner had contacted the prosecutrix using a new SIM card and a fictitious name. However, during investigation, the SIM was traced back to him.

Rejecting the petitioner’s claim that the case arose from a matrimonial discord, the Court observed that the nature of the allegations—rape, gang rape, and use of deceitful online activity—disclosed serious offences that did not warrant the grant of bail.

The High Court, therefore, declined to grant relief.

Appearances:
Mr. Anil Kumar Mishra and Mr. Ankit Dhawan, Advocates for the Petitioner
Mr. Aman Usman, APP for the State
Mr. Sarthak Tomar, Advocate for the Complainant