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The high court noted that the whatsapp chat revealed that the complainant was with the lawyer even after the FIR was registered
A single-judge bench of the Bombay High Court, presided over by Justice Anuja Prabhudesai, recently granted anticipatory bail to a lawyer who was accused of rape by his client.
The high court heard the anticipatory bail plea filed by the lawyer against the FIR registered under Section 376 of the Indian Penal Code at the Malwani Police Station.
According to the complaint, the lawyer and the client had met in January 2023, during which the lawyer was assisting the client with some legal matters.
Allegedly, the lawyer represented himself as unmarried and made promises to marry her. The complainant stated that the lawyer assured her that he would come with his parents to discuss their marriage. However, he reportedly arrived alone and forced sexual intercourse upon her against her will.
The lawyer allegedly gave false assurances of marriage and asked her to Bandra Court on 15 March 2023 to register their marriage. However, he failed to show up at the court and subsequently provided evasive responses.
The bench while granting pre-arrest bail noted that the WhatsApp chat revealed that the complainant was with the lawyer even after the FIR was registered.
“The material on record particularly whatsapp, chats, messages, prima facie indicate that the first informant was in constant contact with the Applicant not only after the alleged date of the incident but even after lodging the FIR i.e., even after knowing that he is a married man. Hence, prima facie, the relationship appears to be consensual. In view of the above, no case is made out for custodial interrogation,” the bench observed.
Therefore, the high court said that the lawyer shall be released on bail on furnishing bail bonds in the sum of Rs.25,000 with one or two sureties in the like amount.
Case title: Bablu Jumman Shaikh vs State of Maharashtra
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