Mumbai: A Mumbai sessions court has granted anticipatory bail to a man accused in a rape case. The accused was granted bail after presenting evidence of having consensual sex with the complainant woman. The case registered at Colaba police station also included allegations of sexual assault, but the court granted the anticipatory bail plea as the accused had presented an agreement of live-in relationship.
During the hearing in the court, the accused presented a copy of the notarized agreement. In the agreement, there was an agreement to live together for 11 months from 1 August to 30 June 2024 with the consent of both the parties. Seven points were noted in the agreement. One of which states that the relationship was consensual and states that the complainant will not make allegations of sexual harassment.
The complainant objected to the authenticity of the agreement and said that she had not signed it. However, the court considered the agreement as evidence. The court said that there was no sign of pressure or coercion in the initial stage of the relationship as recorded in the FIR (First Information Report).
The relationship allegedly started in October 2023 but the complaint was lodged much later. The court said so. The court said that 'custodial interrogation of the accused would not be necessary in view of the nature of the crime and the allegations. The accused may be asked to cooperate in the investigation of such aspects as the allegations of pornographic video leveled by the complainant are not clear. The court said that the petitioner should be protected from arrest in view of the nature of the crime and the allegations.
The court asked for a bail amount of Rs 25,000 and security of the same amount. The accused's lawyer welcomed the court's decision. The lawyer said that the complainant has done this before as well, that is to have consensual sex and then accuse the partner of rape.