Relationship Prima Facie Consensual: Bombay High Court Grants Anticipatory Bail To Married Lawyer Accused Of Rape By Client

The Bombay High Court recently granted anticipatory bail to a lawyer accused of raping his client, observing that the relationship appeared consensual despite the accused being a married man.

While the victim claimed she had no idea the lawyer she was consulting and was in love with was married, the court noted that the woman was in contact with the man despite knowledge of his marriage.

Accordingly, Justice Anuja Pabhudessai granted him anticipatory bail on an application under section 438 of the CrPC.

“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,” Court said.

“Hence, prima facie, the relationship appears to be consensual. In view of the above, no case is made out for custodial interrogation,” it added.

The applicant Bablu Shaikh was booked by the Malvani police under section 376 of the IPC on March 23, 2023.

The duo got acquainted sometime in January 2023. The complainant claimed that Shaikh was helping her with some litigation. He apparently told her he was unmarried and promised to marry her.

In her complaint she claimed that he promised to come over to her house with his parents and discuss their marriage. However, she claimed that he came alone and had forceful intercourse with her on that day. On another date Shaikh allegedly also called her to Bandra Court to register their marriage. But he didn’t turn up on that date and began giving her evasive responses, she claimed.

“The case of the prosecution is that the Applicant, who is a married man had sexual intercourse with the first informant against her will and without her consent on a false promise of marriage,” the court noted.

Advocate Kareem Pathan for the accused argued that there was 18 days delay in approaching the court. Moreover, he submitted a copy of a selfie taken just five minutes after the woman said she was ‘raped’.

Moreover, he said that on the date she claimed to be waiting at Bandra Court, she was actually in Kurla Court where she is arraigned as an accused in a separate case.

"The records reveals that the Applicant and the first informant, both adults, were acquainted with each other,” the court observed adding that the documents submitted by the accused prima facie depict a consensual relationship.

Accordingly, the court ordered his release in the event of his arrest on furnishing bail bonds in the sum of Rs. 25,000 with one or two sureties of the like amount.

Citation: 2023 LiveLaw (Bom) 361

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