'One Fine Day When The Relationship Turned Sour, She Filed A Complaint'; Bombay HC Grants Bail To Man Accused Of Rape [Read Order]

Justice Bharati Dangre heard the bail application filed by Ataullah Ansari, who was arraigned as an accused after a case was registered at Kandivali police station and he was booked for offence under Section 376(2)(n) of IPC. A chargesheet has been submitted by the police on June 18, 2020.

Initially, the accused sought bail before the Metropolitan Magistrate which was rejected, hence he moved High Court.

According to the alleged victim in the case who filed a complaint in January this year, she came to be in touch with the applicant via Facebook and she uploaded her mobile number on the Facebook Account. The applicant contacted her and there used to be frequent telephonic conversations between the two. In 2019, she went to Uttar Pradesh which happened to be her native place and the applicant also visited there.

The complainant said that she has divulged to the applicant that she had married to one person and he has divorced her. The complainant further alleged that a proximity developed between her and the applicant which resulted into establishing a physical relationship. Then, a discord arose between the two and the FIR contains details of the same.

Court noted-

"The complaint lodged by the prosecutrix is an immediate response to the said discord. The complainant herself alleged that the Applicant severed contact with the prosecutrix and she reported the matter to her father which resulted into filing of the FIR at Kandivali Police Station.

The case of the Applicant is to the effect that the prosecutrix maintained a physical relationship with the Applicant as they shared a close bond of friendship and she never objected to the said act of physical proximity. The prosecutrix at the time of incident was 24 years of age and, according to the Applicant, it was a decision taken by a major person in her full consciousness."

Thus, after perusing through the facts of the case, Justice Dangre observed-

"The Applicant and the prosecutrix are major and as per the version of the complaint, she encouraged the friendship initially which slowly resulted into a physical one. She had accompanied the Applicant at several places where the Applicant established physical contact with her. She never objected to the same and from January, 2019 till filing of the complaint in March, 2020, allowed the relationship to flourish.

Then, one fine day, when the relationship turned sour, she filed the complaint. Prima facie reading of the complaint does not make out a case of sexual indulgence without her consent or against her will but points out a consensual act. The Applicant has been arrested since March 2019. In the backdrop of the allegations in the complaint, when prima facie no case of forcible sexual act is made out, he is entitled to be set on bail."

Thus, the applicant's bail application was allowed and he was directed to furnish a bond of Rs.20,000.

Case Number: Bail Application No.390 of 2020  
Case name: Ataullah Fakruddin Ansari Vs. The State of Maharashtra
Coram: Bharati Dangre J
Counsel: Adv Hare Krishna Mishra instructed by Adv Sanjay Singh for the applicant and APP Rutuja Amnekar for the State

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