Mumbai: The Bombay High Court has granted temporary protection from arrest to a 31-year-old man booked in a rape case, noting that his marriage is scheduled for May 4 and his anticipatory bail plea is still pending before a special court.
FIR Details
An FIR was registered against the applicant at Vartak Nanded City Police Station, Pune, for offences under various sections of the IPC for rape and criminal intimidation.
He had earlier approached the Special Judge under the POCSO Act seeking anticipatory bail, but interim relief was not granted. Hence he approached the HC seeking interim relief.
Lawyer's Submission on Delay
His lawyer, Piyush Toshnival, submitted that the pre-arrest bail plea was filed in April before the special court and notice was issued on April 20, but “interim bail was declined despite a specific request”. He added that the matter was adjourned to April 30 and could face further delay.
Toshnival stressed the urgency, saying the applicant’s wedding is fixed for May 4 and all arrangements and preparations for the marriage are complete. He argued that there was a real apprehension of arrest and claimed the complaint was filed with “malafide intentions” after a consensual relationship between the parties turned sour.
Prosecution's Opposition
The prosecution opposed the plea, saying the applicant should argue his case before the special court where the main pre-arrest bail application is pending.
The high court observed that ordinarily it would not intervene when the matter is already before the sessions court. However, it said the circumstances were “compelling” in this case.
Prima Facie Assessment
After perusing the FIR, Justice Ashwin Bhobe noted that the allegations date back to 2018 and “prima facie… suggest a love relationship between the applicant and the informant,” adding that it appears to be “a relationship that has turned sour.”
Considering the impending marriage, the court directed the investigating officer not to take any “precipitative steps” against the applicant until his anticipatory bail plea is decided.
It also requested the special court to dispose of the bail application “expeditiously… and at any rate, within two weeks.”
The High Court clarified that its observations are prima facie and should not influence the final decision. The anticipatory bail application before the High Court was accordingly disposed of.
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