Mumbai: Colaba man granted bail in rape case after citing 'live-in agreement'

Mumbai court grants anticipatory bail to accused in rape case based on consensual live-in relationship agreement.

A Sessions Court in Mumbai granted anticipatory bail to an individual who was accused in a rape case registered with the Colaba police station in Mumbai city.

During the hearing in court for his anticipatory bail application, the accused produced an agreement between him and the victim and claimed that it was a consensual relationship between him and the victim of this case as they had agreed to a live-in relationship for 11 months and they had a notarised agreement for the same.

A copy of the said agreement was also presented before the court. In the agreement presented before the court, there were seven points on which the accused and victim, both parties are seen to have agreed which read that they are entering, into a live-in relationship from August 1, 2024, till June 30, 2025.

The agreement stated that it would be a consensual relationship and at any point, the lady would not make any allegation of sexual relation without consent after which the said agreement was signed by both parties.

The complainant lady refused to sign this agreement. The court observed in the reasoned order in detail, "Apart from any document produced by the applicant / accused, it is prima-facie the consensual relationship whereas any aspect of force is not made out even in the FIR at the initial stage of the relationship between the parties."

“The further developments of the relation of the accused with other ladies or the threats about the alleged videos reveal the aspect of the forcible approach of the accused. On the other hand, the delay in recording the FIR would also be relevant as the relationship allegedly started in October 2023 without any complaint,” it said.

The court further observed, “Considering the nature of offence and accusations, the applicant, accused would not be required for any custodial interrogation. The allegations about any obscene videos of the complainant are not specific. Moreover, the accused can be asked to cooperate in the investigation of such aspects. Considering the nature of the offence and the accusations, the applicant is required to be protected from arrest.”