Tinder Relationship gone Sour: Court comes to the Rescue of Man accused of Rape [Read Order]

On 22 Aug 2020, in the case of State Vs. Shubham Garg court granted bail to an accused charged with the Rape, after the tinder relationship has gone Sour, the court in its findings did not state anything that whether the relationship between them was consensual or forceful, on the basis of the facts and investigation the bail is granted to an accused.

Applicant’s Contention’s

Sh. Divyansh Hanu Rathi, appearing on behalf of the Applicant/accused submitted before the Court that the:

1. The applicant/accused has been falsely implicated in this case.
2. Allegations as made in the FIR are considered the same reveals that the sexual relationship between the accused and the prosecutrix was consensual.
3. Prosecutrix had laid a trap to extort money from the accused and in this regard, a complaint was lodged with the local police.

State’s Contention’s

The state opposed the bail application thereby stating that allegations against the accused are serious in nature and the accused established the sexual relationship on the false promise of marriage and it was a forcible sexual relationship.

Court Findings & Order

The Court in its findings stated that:

the Court is not making any observation whether the relationship between the applicant and the prosecutrix was consensual or force because it may hamper the investigation as well as affect the case of the parties vice-versa.

The Court further, stated that it is an admitted fact that the prosecutrix had visited the applicant/accused by using a taxi and paid the charges for the same. Prosecutrix is major and post graduate in Mathematics, moreover, nothing has recovered from the accused.

The Court in its order stated that considering the totality of facts and circumstances of the case the accused is admitted to bail on furnishing of bail bond.

Read Order @Latestlaws.com