Mumbai: Consensual relationship with major, HC grants pre-arrest bail to a man who backed out of promise of marriage

Observing that the girl was major and was in a consensual relationship since 2018, the Bombay High Court has granted anticipatory bail to a man in an alleged rape case of is former girlfriend.

Justice Anuja Prabhudessai granted pre arrest bail to the man observing: “The FIR has been filed mainly because the Applicant had refused to marry the prosecutrix. As noted above, the Applicant is major. The relationship appears to be consensual.”

The HC was hearing a pre arrest bail plea filed by the man after an FIR was lodged against him by the Malvani police.

The man’s plea, filed through advocate Ramprasad Gupta, claimed that they knew each other since February 2017 and had consensual relationship since September 2018.

Gupta argued that the girl’s father abused the man’s father. They filed a complaint with the police for the same.

However, the man parted ways last March. But the girl and her family members started threatening him to file a false rape complaint if he goes back on his promise of marriage.

The court noted that the FIR prima facie revealed that the girl was 25 years of age and the two were in a love relationship.

“The prosecutrix (girl) claims that the Applicant (man) had sexual relationship with her first in the year 2018 and subsequently on several occasions under the pretext of marriage. It is stated that the Applicant refused to marry the prosecutrix though he had given such promise in writing,” the court noted.

Granting pre arrest bail, the HC observed: “Considering the above facts and circumstances, nature of accusations and the material in support thereof, in my considered view this is a fit case for grant of pre-arrest bail.”

The HC directed him to be released on bail against Rs 25,000 in case of arrest.

Apart from directing him to co-operate with the investigation, the HC has directed the man not interfere with the complainant and /or tamper with the evidence in any manner.