“Consensual Relationship”: Bombay HC Grants Bail to Rape Accused on Condition of Marriage
The Bombay High Court recently granted bail to a man accused of rape, with the condition that he marries the survivor if she is located within a year. Justice Bharati Dangre noted that the sexual relationship between the accused and the survivor was consensual, as the survivor was an adult at the time the case was filed.
Court’s Decision
The accused assured the Court through an affidavit that he was willing to marry the survivor and accept paternity of their child. However, the public prosecutor informed the Court that the survivor was untraceable, and the child had been placed for adoption after being admitted to a childcare center.
In her order, Justice Dangre stated that the accused would be obligated to marry the survivor if she is found within a year. After this period, he would not be legally bound by his statement.
The judge said, “Since the survivor was an adult when the incident was reported and had stated that the relationship was consensual, I find it appropriate to release the accused on bail. If the survivor is traced within a year, he must marry her. However, beyond this time, he will not be bound by this commitment.”
Case Background
The accused and the survivor met in 2018 and entered into a relationship with plans to marry. Both families had initially agreed to their union. In October 2019, the survivor discovered she was six months pregnant and informed the accused, who allegedly avoided her and refused to marry. This led the survivor to file a complaint against him for rape and cheating.
The survivor later gave birth away from home and abandoned the child on another person’s property. The child was subsequently admitted to a childcare center and later adopted. The Court noted that a case was filed against the survivor for abandoning her child, which may have caused her to go into hiding.
Bail Conditions
The Court released the accused on bail upon furnishing a bond of ₹25,000, with the condition that he marries the survivor if she is found within a year.
Case Reference: [Name Not Mentioned in the Rephrased Article]
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