Allahabad High Court Grants Bail To Man Accused Of Rape On Ground of Consensual Sex

  • Pankaj Bajpai
  • 02:05 PM, 16 Apr 2021

Allahabad High Court granted bail to a rape accused on the ground that prosecutrix was possessing sufficient knowledge and was in a position to fully understand the nature and consequences of sexual activity.

Single Bench Justice Faiz Alam Khan observed upon perusal of the FIR, the statement of the prosecutrix recorded u/s 161, 164 Cr.P.C. as well as the statement of the informant recorded u/s 161 Cr.P.C, that the applicant and prosecutrix were having an affair. 

Going by the background, the prosecutrix claimed that she and the accused were in love and they had sexual intercourse. The problem started when the accused started blackmailing her on the basis of some obscene photographs, which led to filing of FIR.

On the other hand, the counter affidavit recorded that the possession of any obscene photo or video of the prosecutrix by the applicant was a false narrative, as on the arrest of the accused, his mobile phone was seized by the police, wherein only three pictures of the prosecutrix was recovered which according to the own version of the police were not obscene.

The prosecutrix in her statement recorded u/s 161 Cr.P.C had admitted that the prosecutrix as well as the applicant had indulged in consensual sexual activity for 4-5 times prior to the challenged incident of rape. 

The Bench noted material contradictions in the statement of the prosecutrix recorded u/s 164 Cr.P.C. and Section 161 Cr.P.C. as well as in her statement which was recorded while she was subjected to medical examination.

The age of the prosecutrix is about 17 years and having regard to the fact that she was studying in D.N.M. Institute of Engineering, it could not be ruled out that she was possessing sufficient knowledge and was in a position to fully understand the nature and consequences of sexual activity” said the Court.

Finding that the accused was in jail since Sep 12, 2020 without any previous criminal antecedents, the Court directed for his release on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court. 

The Court made it clear that if the applicant/accused attempt to make any contact either with the prosecutrix or with the informant; or tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial; or indulge in any criminal activity or commission of any crime after being released on bail, then the bail granted to him would stand cancelled.

Case Title: Alok Bajpai vs State of U.P [BAIL No. - 10539 of 2020]