Man gets pre-arrest bail, in rape case filed by live-in partner
A man in Mumbai has been granted pre-arrest bail in a rape case filed by his live-in partner. The decision by the Mumbai court followed the presentation of a Memorandum of Understanding (MOU) by the accused, which claimed that the couple had agreed to a contractual live-in relationship lasting from August 1, 2024, to June 30, 2025. However, the woman denied ever signing the document.
The prosecution stated that the 30-year-old woman, a divorcee, met the accused on October 6, 2023, and he had proposed marriage to her. As their relationship developed, the woman alleged that she discovered the accused was involved with another woman. She also claimed that he blackmailed her with obscene videos, forced her to continue the relationship, and made her take abortion pills when she became pregnant. Additionally, she later learned that the accused was already married. On August 23, 2024, she filed a complaint accusing him of repeatedly raping her under the false promise of marriage.
The prosecution opposed the bail request, with Additional Public Prosecutor Ramesh Siroya arguing that the accused's mobile phone needed to be seized and that he might tamper with evidence. The complainant also testified that the accused had threatened to take away her son and continued to harass her even after she moved locations.
On the other hand, the accused's lawyer, Sunil Pandey, argued that the couple had been in a consensual live-in relationship for the past 11 months, citing the MOU as evidence. He maintained that the rape charges were unfounded.
After reviewing the evidence, Judge Shayana Patil noted that the relationship initially appeared consensual and that both parties were adults. The judge pointed out the delay in filing the FIR, given that the relationship allegedly began in October 2023 without an immediate complaint.
Regarding the MOU, Judge Patil observed that it was only a photocopy with a notary stamp, lacking concrete evidence to verify its authenticity. The judge concluded that the case seemed to stem from a consensual relationship that later deteriorated, leading to the complaint.
Considering the nature of the accusations and the evidence, Judge Patil ruled that custodial interrogation was unnecessary. The court granted the accused pre-arrest bail, allowing him to avoid arrest while the investigation continues.
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