Delhi HC Denies Bail To Man Accused Of Swapping His Wife With Friends, Sexual Abuse

According to the FIR filed in 2024, Kumar is accused of coercing his wife into wife-swapping and allowing his brother and friends to sexually harass and molest her.

Delhi High Court Edited by
Delhi HC Denies Bail To Man Accused Of Swapping His Wife With Friends, Sexual Abuse

The case is currently under further investigation by Delhi Police’s special unit for crimes against women. 

New Delhi: In a case that the Delhi High Court called far from a “stereotyped matrimonial dispute,” a man accused of subjecting his wife to horrific sexual abuse has been denied bail. Justice Girish Kathpalia rejected the plea filed by the accused, Nikund Kumar, citing the “seriousness and gravity” of the allegations, which include rape, gang rape, and abuse. 

According to the FIR filed in 2024, Kumar is accused of coercing his wife into wife-swapping and allowing his brother and friends to sexually harass and molest her. The survivor alleged that he took her to a hotel under the pretext of introducing her to friends and then tried to force her into non-consensual sexual acts with them. She managed to flee the scene. 

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The survivor claimed that Kumar created a fake social media profile in her name and used her personal photos to solicit sexual services from strangers for money. She also accused him of physical abuse, including self-inflicted wounds on her hands with a blade and being forced to continue household chores with injuries. 

Initially, Kumar was booked under Sections 498A (cruelty) and 406 (criminal breach of trust) of the Indian Penal Code. However, following further investigation and a statement recorded under Section 164 of the CrPC, graver charges were added – including Sections 376 (rape), 376D (gang rape), 354A (sexual harassment), 328 (causing hurt using stupefying substances), and Section 6 of the POCSO Act. 

During the bail hearing, Kumar claimed innocence and argued that the charges were exaggerated outcomes of a matrimonial fallout. However, the prosecution revealed that while on anticipatory bail, Kumar contacted the survivor using a fictitious name and a new SIM card, which was eventually traced back to him. The bail was cancelled due to this violation, and the court noted that he had tried to influence or intimidate the complainant. 

“She alleged in the FIR itself that her brother-in-law used to sexually harass her… when she complained to her husband, he told her to ignore all that humiliation,” the court noted. 

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In its final order, the Delhi High Court dismissed the bail application, stating that the allegations, ranging from sexual exploitation and digital impersonation to physical and psychological abuse, demanded serious legal scrutiny and could not be brushed aside as routine domestic fallout. 

The case is currently under further investigation by Delhi Police’s special unit for crimes against women.