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Justice Vivek Agarwal of the Allahabad High Court has observed in a matter that someone’s availing services of dating sites is not a commentary on their virtues. The Court was hearing a bail application wherein the rape accused had allegedly established a physical relationship with the victim on the false promise of marriage.

The accused have submitted that he had met the victim via a dating site. On fourth day of meeting the accused had taken the victim to an Oyo where accused discussed about marriage and entered into physical relationship. It is submitted that within four days of their meeting, establishment of physical relationship demonstrates that it is a case of consensual sex. It has further been submitted that there has been no talk of marriage over text message.

Justice Agarwal observed that consensual sex is a matter of evidence and dating site can not be be indicative of anyone’s virtue. He stated:

“Merely, two adults meet on a dating site, and on the third day of meeting him, exchange of words are able to garner confidence that the other party is willing to marry and in the name of marriage, if physical favour is sought, then that will not amount to characterizing a victim, as a person of easy virtues having consented to physical relationship without there being any provocation like promise to perform marriage.”

Further, referring to the chats dated July 28, 2019, the Court noted that inquiring about the family status of the applicant and then about the birth date, etc., so also inquiry about personal habits like smoking and drinking, etc. are sufficient indications that there was something more than a physical relationship in the mind of the victim.

"…it is true that there is no direct reference to the marriage proposal, but exchange of words showing affection and admiration for a newly met couple without making mention of marriage in the chat does not meant that the allegation of seeking favour without there being any promise of marriage can be deduced from the mobile chat, produced by learned Senior Advocate on record," the Court noted.

The Court further referred to the case of Pramod Suryabhan Pawar vs. State of Maharashtra and Another where in, it is held that promise to marry is to be read between the lines and there is a chat dated 30.07.2019 at 01:07:51 AM by the accused-Abbhey Chopra, which reads as "fir hum tum ek kamre me band ho."

Notably, the accused was given benefit of release on anticipatory bail till the submission of police report. However, accused had applicant had failed to surrender after expiry of interim protection. Thus the Court found no ground to grant anticipatory bail, however the accussed is free to apply for regular bail in the lower court.

Abhhey Chopra v. State of U.P. and Another