ANTICIPATORY BAIL TO THE ACCUSED OF RAPE BY Bombay HIGH COURT;
The brief facts of the case were that a woman filed an FIR against applicant accusing him guilty of rape. She alleged that; the applicant has sexual intercourse with her on the pretext to marry her;but when she realised that; the applicant has expressed his disinclination to marry her she came up before the court for seeking relief. The applicant charged under section 376 of the IPC. No allegations were found in the FIR that; when applicant promised to marry her, it done in bad faith and; the applicant has the intention to deceive her.
After getting booked for the offence of the rape the applicant Meshram filed an application; for anticipatory bail under section 438 of the code of criminal procedure that;his custodial interrogation is not necessary.
Justice SP Tavade of Bombay High Court examined; the FIR and noted that it did not indicate that;the promise by applicant was false or that the complainant engaged in sexual relationship on the basis of this promise.
It stated in the application by the Meshram that he had never promised complainant to marry her. It was content by Advocate RJ Mirza appearing for meshram, that; the complainant and the applicant were in relationship for a long period and; the applicant never had sexual relations with the complainant on the pretext of marriage.
The court after considering the evidences placed before it that; though there may be promise of marriage between the parties but the relationship between them was consensual.
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