Case Note & Summary
The applicant, Amol Motiram Borde, filed a bail application under Section 439 CrPC in connection with C.R. No. 75 of 2024 registered at Vanarai Police Station, Mumbai, for the offence under Section 376 IPC. The FIR was lodged on 19th February 2024, alleging that the applicant had sexual relations with the victim on the false promise of marriage. The applicant argued that the relationship was consensual and that the FIR was filed after a delay of several months, only after the victim's family opposed the marriage. The court noted that the victim was an adult and the relationship continued for a considerable period. The court also observed that there was no corroboration to the allegation of false promise. Considering the consensual nature and delay, the court granted bail to the applicant on certain conditions.
Headnote
A) Criminal Law - Bail - Rape - False Promise of Marriage - Section 376 Indian Penal Code, 1860 - The applicant sought bail for alleged rape on false promise of marriage. The court considered the prolonged consensual relationship and delay in FIR. Held that where the relationship is consensual over a long period and the FIR is delayed, the accused may be entitled to bail (Paras 1-5).
Issue of Consideration
Whether the applicant is entitled to bail in a case of alleged rape on false promise of marriage, considering the consensual nature of the relationship and delay in filing the FIR.
Final Decision
The court allowed the bail application and directed the applicant to be released on bail on certain conditions.
Law Points
- Bail
- Rape
- False promise of marriage
- Consensual relationship
- Delay in FIR
- Section 376 IPC
Case Details
2025 LawText (BOM) (09) 77
Bail Application No. 4185 of 2024
Mr. Prashant Pandey a/w Dinesh Jadhwani a/w Ridhima Mangaonkar a/w Sumati Gupta i/b W3Legal LLP for the Applicant, Ms. Megha S. Bajoria, APP for the State-Respondent No.1, Ms. Racheeta Dhuru a/w Nasir Hussain a/w Prachi Anil Parte for Respondent No.2
State Of Maharashtra and Anr.
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Nature of Litigation
Bail application in a criminal case for offence under Section 376 IPC.
Remedy Sought
Enlargement on bail by the applicant.
Filing Reason
Allegation of rape on false promise of marriage.
Issues
Whether the applicant is entitled to bail in a case of alleged rape on false promise of marriage, considering the consensual nature of the relationship and delay in filing the FIR.
Submissions/Arguments
The applicant argued that the relationship was consensual and the FIR was delayed. The prosecution opposed bail citing the seriousness of the offence.
Ratio Decidendi
Where the relationship is consensual over a long period and the FIR is delayed, the accused may be entitled to bail in a case of alleged rape on false promise of marriage.
Judgment Excerpts
The Applicant seeks his enlargement on bail in connection with C.R. No. 75 of 2024 dated 19th February 2024 registered with the Vanarai Police Station, Brihanmumbai City, for the offence punishable under Section 376 of the Indian Penal Code, 1860.
Procedural History
The applicant filed a bail application under Section 439 CrPC after being arrested in connection with C.R. No. 75 of 2024 for offence under Section 376 IPC.
Acts & Sections
- Indian Penal Code, 1860: 376
