HC grants an Anticipatory bail to a Rape Accused Army Man [Read Order]

On 14^th August 2020 the Bombay High Court in the case Maj. Aunshuman Mhendra Jha v. The State of Maharashtra, comprising of Justice Bharati Dangre granted Anticipatory Bail to Army Major who was accused of Rape.

The Applicant was arrested under Section 376, 377, and 420 of the Indian Penal Code, 1860. The Complainant is a 28 year-old woman working as an IT Engineer as Deputy Manager in a Telecom Company.

That the applicant proposed her for Marriage. He told her that he is Major in the Army has is posted in Manipur. They both were in contact through WhatsApp, video call, etc.

In April 2018 the Complainant went to Mumbai and the applicant also came to meet her. As he was staying in a Hotel the complainant went to meet him there and they decided to get married in December.

The Complainant opined that the applicant forced her to engage in coitus as they were about to get married. She also accused him of some unnatural sex under Section 376 and 377 of IPC.

In June 2018 she got pregnant and took a pill to get rid of it. The family of the Applicant was reluctant to get both of them married. This provoked her to file a complaint on 20^th July 2020. He was arrested on 27^th July 2020.

There was a delay to file the complaint by two years that itself invites many questions and since the complainant did not report that she was forced to indulge in sexual intercourse against her consent is a matter of concern.

The chats that are recorded by the Court reveal that they both were committed and had decided to get married. It has also been revealed that the Applicant had fourteen numbers and has been cheating on many women.

He is currently posted in Kamptee Cantonment, Nagpur and since he is a Major in Army he is a law abider and the Learned Additional Public Prosecutor is of the view that he will not flee from Justice as he is a disciplined man.

On the assurance that he will cooperate with the Investigating Authorities in in the process, the Court granted him Anticipatory Bail.

Order-

The Applicant is released on bail and has to furnish a personal bond of Rs.25,000/- with one or more sureties with the same amount. He is directed to be present in Mumbai from 24^th to 28^th August, 2020 for the purpose of Investigation.

He shall cooperate with the Authorities and shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to the Court or any Police Officer. No tampering with the evidence.

The next date of hearing is fixed for 21^st September, 2020.

Read Order @Latestlaws.com