The Bombay High Court recently granted bail to a 22-year-old college student who was arrested by the Mumbai Police on charges of sexual assault. The court noted that the First Information Report (FIR) was filed at the suggestion of the victim’s ex-boyfriend.
On August 22, Justice Makarand S Karnik reviewed the bail plea of the student. According to the FIR, which was filed in April 2022, the woman involved had been in a relationship with the student’s friend. After their breakup, she started talking to the accused, who allegedly tried to reconcile her with her ex-boyfriend. The woman’s FIR claims that the student asked her to meet him at a lodge, where he then allegedly assaulted her.
The student’s lawyer, Advocate Pankaj D Purway, pointed out that the FIR was filed two days after the alleged incident. Although the court acknowledged that a delay in filing the FIR is not necessarily enough to grant bail, the timing raised questions.
The Mumbai Police opposed the bail, stating that the accused took advantage of the woman’s vulnerable situation and committed a serious offense. However, after reviewing the woman’s testimony, the court said it could not rule out the possibility that the physical relationship was consensual.
Justice Karnik also referred to WhatsApp messages exchanged between the woman and the accused, which suggested that the encounter may have been consensual. The court further noted that the student had already been in custody for over a year and four months, the investigation was complete, and a chargesheet had been filed.
Considering the student’s age and the facts presented, the court granted him bail, directing him to provide a personal bond of ₹25,000 and sureties for the same amount.
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