MUMBAI: The Bombay high court on September 21 rejected a pre-arrest bail plea of a married professor accused of raping a relative after allegedly promising to marry her.
Justice C V Bhadang, who observed that though there may have been some delay in filing of FIR by the woman, as alleged by advocate Tushar Sonawane for the accused, it would not be decisive for the pre-arrest bail plea. The Judge heard assistant public prosecutor Ajay Patil who said investigation needs to be done as the 29-year-old complainant alleged that she had met the accused on a bus in 2018 and they had relations from February 2019 till June 2019 after he proposed to her. The man allegedly gave her a wedding necklace and lived with her promising a “formal ceremony later.’’ The woman said she learnt in February that he was already married and in July she filed the FIR.
The man alleged he was being falsely implicated and that she would have been aware of his marital status as they were “closely related.’’
The HC said such arguments “cannot prima facie be accepted. Even assuming that the complainant was aware of the marital status of the applicant there is no justification for the alleged act attributed to the applicant, when he was aware that he is married and ought to have acted responsibly. Prima Facie the applicant has not shown any reason for his false implication for a near relative making such allegations against him,’’ said the HC In its order. It also said the man was alternately pleading it was “consensual.’’
The HC said it was “paramount’’ that the case be thoroughly investigated. Justice Bhadang reiterated a “well settled” position that “custodial interrogation is qualitatively different from interrogation, when accused is armed with an order of anticipatory bail,” and denied him any relief against the arrest.



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