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The bench noted that although the allegations made were serious and there was sufficient material available against the accused, bail ought not to be granted. However, considering the consent affidavit of the victim, the court granted bail
The Bombay High Court has recently observed that a robust mechanism is needed for imposing heavy costs on individuals who waste investigating agencies' and courts' time by filing rape cases and later resolving disputes wherein the victim gives consent for the grant of bail or quashing of cases.
"This Court is of the opinion that in such cases a robust mechanism ought to be developed for imposing heavy costs on such individuals who end up wasting the time of the Investigating Authority as well as the Court. In an appropriate case, this Court shall proceed to pass such an order," the order reads.
The high court also noted that such cases result in wasting valuable time of the investigative agencies to investigate serious offences and also results into waste of court's time.
"..in urban areas like the city of Mumbai, very often such cases are before the Court where a relationship having gone wrong between two adult individuals, results in initiation of criminal proceedings. The valuable time of the Police, which can be otherwise utilized in investigating serious offences, is wasted in carrying out investigation in such cases. With passage of time, the alleged victim and the accused come together, having resolved their differences and then the victim gives consent for grant of bail and even for quashing of such proceedings. This results in valuable time of the Court also being wasted," the order states.
A single judge bench of the high court comprising Justice Manish Pitale was hearing a bail application filed by an accused who was arrested on 2nd November 2023 in a rape case.
The victim alleged that the accused forcibly made her drink alcohol and had physical relations with her.
She also alleged that the accused leaked her contact number on social media, resulting in strangers contacting her for obscene pictures.
On the date of hearing, the victim filed an affidavit stating that she was in a relationship with the accused and they had resolved their issues, and she did not have any objection to bail being granted to the accused.
The bench noted that although the allegations made were serious and there was sufficient material available against the accused, bail ought not to be granted. However, considering the consent affidavit of the victim, the court granted bail.
Case title: Saket Abhiraj Jha vs State of Maharashtra & Anr
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