ATAULLAH FAKRUDDIN ANSARI V. THE STATE OF MAHARASHTRA

By-Ishita Pancholi

JUDGES: Bharati Dangre J

ORDER DATE: 10/08/2020

Facts

As indicated by the victim who filed a complaint in January this year, she came to be in contact with the applicant by means of Facebook and she uploaded her portable number on the Facebook Account.

The applicant reached her and there used to visit telephonic discussions between the two. In 2019, she went to Uttar Pradesh which happened to be her local spot and the applicant additionally visited there.

At the case of the Applicant, rehashed physical guilty pleasure happened and some cash was likewise traded. A contention occurred between them, which brought about documenting the FIR by the prosecutrix. She had revealed about the occurrence to her dad and documented the grievance against him.

It has been claimed by the complainant, that contact was created between the two, because of which the FIR was stopped as she revealed the issue to her dad.

The Applicant opined that since they shared a nearby obligation of kinship, there was no complaint on her part on the demonstration of physical nearness. The candidate and the prosecutrix are major and it was the prosecutrix who energized the kinship. That later brought about being physical.

There was no protest on her part until the documenting of the grumbling in March 2020. However, one day when the relationship went bad, she documented the grumbling.

She has given the assent for the said demonstration. In any case, the candidate is behind the bars since, March 2020, in any event, when there was no instance of the coercive sexual act. Taking into account this, the candidate will be delivered on bail.

The Learned A.P.P. contended that the Medical Examination has not been done because of the pandemic. The candidate guarantees that he will help out the Investigating Officer for such an assessment. Since, the candidate guarantees that he will be accessible for the preliminary, which is the principal thought; he will be delivered.

The Court requested that the candidate will be delivered on abandon outfitting an individual obligation of Rs. 20, 000/ – alongside a couple of guarantees of a similar sum.

He will not straightforwardly or by implication make any prompting, danger, or guarantee to any individual familiar with realities in order to deter him from uncovering the realities to the Court or any Police Officer and he will not alter the proof. The Applicant will not give his private location to the Investigating Officer.

He will report for the Medical Examination when he is coordinated to do as such by the Investigating Officer. Considering the above reasons, the bail application is endorsed.

The concerned gatherings will act as per the said request that will be provided by the Advocate under his seal and mark.

Order

The Bombay High Court granted bail to a man accused of rape by a 24-year old woman who becomes friends with him on Facebook. The accused was arrested on March 20, 2020, and has been in jail from that point forward.

Case Notes

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