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Synopsis

The Bombay High Court has recently granted bail to a tennis trainer from an academy who was booked in a rape case after noting that the relationship between the trainer and the complainant was consensual. 

A single judge bench comprising Justice S.V. Kotwal was hearing the bail application filed by the tennis coach, against whom a rape case was filed by a married woman.

In the FIR, the victim stated that she joined a tennis academy in Powai with her daughter in July 2022. 

She alleged that in October 2022, the applicant made a video call during which he started removing his clothes. 

She further alleged that while she was supposed to be taken to Pune for a tournament, the applicant instead took her to Lonavala, where he had sexual relations with her against her will, which continued the following day.

Additionally, the victim claimed that the applicant took ₹12 lakhs from her and forcefully made her undergo an abortion.

She also alleged that she was taken to a foreign country where the applicant introduced her to others as his wife.

The counsel representing the applicant argued that the fact the victim traveled with the applicant to various places indicated that their relationship was consensual. 

He further submitted that the victim filed the FIR out of anger after the applicant bought a house and named his wife as the nominee. 

The high court agreed with the applicant's submissions, noting that the relationship appeared to be consensual and granted bail to the tennis coach.

"From the FIR it is quite clear that it was a consensual relationship going on for quite some time. The instances mentioned in the FIR had taken place not only in India, but they had travelled abroad together. The allegations about monetary transactions are made only at the time of registration of FIR," the order reads

Case title: Ramzan Abdulla Shaikh vs State of Maharashtra