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Synopsis

The Bombay High Court has recently granted bail to a man who the Kharghar Police Station booked in a rape case.

A single-judge bench of the high court, comprising Justice Manish Pitale, was hearing a bail application filed by the man who was charged under Sections 376 and 506 of the IPC.

The 26-year-old woman alleged that the applicant had sexual intercourse with her against her wishes. She stated that the applicant was her cousin, yet he committed such an act.

The counsel appearing for the applicant submitted that the FIR was filed approximately seven months after the alleged incident and that call detail records, which have been placed on record in this application, indicate that the informant remained in continuous contact with the applicant even after the alleged incident. According to the applicant, the two had a relationship, and this is a case of false implication.

The Additional Public Prosecutor argued that a serious offence has been registered against the applicant, and his custody is required for medical examination and other procedures.

In its order, the high court noted that there was prima facie a delay of seven months in lodging the FIR.

“The FIR was registered on 04.07.2024, on a complaint lodged by the informant on 01.07.2024. Prima-facie, the FIR appears to be suffering from delay of about seven months. In the statement of the informant relating to the registration of FIR, there is no indication as to what caused such a considerable delay on the part of the informant for approaching the Police with regard to such a serious offence,” the order reads.

The bench also noted that the documents annexed with the application prima facie indicate that even after the alleged incident and before the registration of the FIR, the informant was continuously in touch with the applicant, lending credence to the contention raised by the applicant that the two were in a relationship.

Accordingly, the court proceeded to grant bail to the applicant.

Case title: ABC vs XYZ