On 10th August 2020 the Bombay High Court, comprising of Justice Bharati Dangre in the case Ataullah Fakruddin Ansari v. The State of Maharashtra granted bail to a man who was accused of rape.
Facts
The Applicant was held liable under Section 376(2) (N) of the Indian Penal Code, 1860, and was arrested on 20-03-2020. On 18.06.2020 the charge- sheet was submitted before the Court.
The Metropolitan Magistrate had earlier rejected his bail application, which provoked him to approach this Court.
When the prosecutrix came in contact with the applicant via Facebook Account, the investigation commenced. As she had uploaded her number on her account, the applicant contacted her and they both were engaged in frequent conversations.
In 2019, on one occasion she visited her native place, in Uttar Pradesh along with the Applicant. It has been argued by the prosecutrix that her husband had divorced her. The applicant and the prosecutrix were in a physical relationship as there was close proximity between the two.
At the instance of the Applicant, repeated physical indulgence occurred and some money was also exchanged. A conflict took place between them, which resulted in filing the FIR by the prosecutrix. She had reported about the incident to her father and filed the complaint against him.
Contentions Of The Complainant/ Applicant-
It has been alleged by the complainant, that contact was developed between the two, due to which the FIR was lodged as she reported the matter to her father.
The Applicant opined that since they shared a close bond of friendship, there was no objection on her part on the act of physical proximity. The applicant and the prosecutrix are major and it was the prosecutrix who encouraged the friendship. That later resulted in being physical.
There was no objection on her part until the filing of the complaint in March 2020. But, one day when the relationship turned sour, she filed the complaint.
She has given the consent for the said act. However, the applicant is behind the bars since, March 2020, even when there was no case of the forcible sexual act. In view of this, the applicant shall be released on bail.
The Learned A.P.P. argued that the Medical Examination has not been done due to the pandemic. The applicant ensures that he will cooperate with the Investigating Officer for such an examination. Since, the applicant ensures that he will be available for the trial, which is the paramount consideration; he shall be released.
Order-
The Court ordered that the applicant shall be released on bail on furnishing a personal bond of Rs. 20, 000/- along with one or two sureties of the same amount.
He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts so as to dissuade him from disclosing the facts to the Court or any Police Officer and he shall not tamper with the evidence.
The Applicant shall not provide his residential address to the Investigating Officer.
He shall report for the Medical Examination when he is directed to do so by the Investigating Officer.
In view of the above reasons, the bail application is approved.
The concerned parties shall act according to the said order that shall be supplied by the Advocate under his seal and signature.
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