A robust mechanism is needed for imposing heavy costs on individuals who waste time of the investigating agencies and courts by filing tape complaints and then giving consent to grant bail or quash the case after resolving the dispute with the accused, the Bombay High Court has observed.
The court noted that such cases result in wasting valuable time of the investigative agencies to probe serious offences and also results in waste of the court's time.
“This Court is of the opinion that in such cases a robust mechanism ought to be developed for imposing heavy costs on such individuals who end up wasting the time of the Investigating Authority as well as the Court. In an appropriate case, this Court shall proceed to pass such an order,” Justice Manish Pitale said in June 14.
The judge said that “in urban areas like the city of Mumbai, very often such cases are before the Court where a relationship having gone wrong between two adult individuals, results in initiation of criminal proceedings. The valuable time of the Police, which can be otherwise utilized in investigating serious offences, is wasted in carrying out investigation in such cases.”
It said that with passage of time, the victim and accused come together, having resolved their differences and then the victim gives consent for grant of bail and even for quashing such proceedings. “This results in valuable time of the Court also being wasted,” the judge added.
The HC was hearing a bail plea filed by a man who was arrested on November 2, 2023 in a rape case.
The victim alleged that the accused forcibly made her drink alcohol and had physical relations with her. She also alleged that the accused leaked her contact number on social media, resulting in strangers contacting her for obscene pictures.
The victim, filed an affidavit saying that she was in a relationship with the accused and they had resolved their issues, and she did not have any objection to court granting bail to the man.
The judge said that the allegations made were serious and there was sufficient material available against the accused, bail ought not to be granted. However, considering the consent affidavit of the victim, the court granted bail.
The HC has directed him release on furnishing a personal bond of Rs50,000. He has also been directed not to enter the jurisdiction of Kashimira Police Station, except for reporting to the police station.
