The Bombay High Court has rejected the bail application of a 34-year-old man accused of raping his colleague, noting that he had committed the alleged offence while already out on bail in another case under the Protection of Children from Sexual Offences (POCSO) Act.
Justice Neela Gokhale, in an order dated September 19, observed that the accused’s tendencies indicated a “reasonable apprehension” that he was likely to repeat such conduct. The court remarked that the allegations in the previous criminal case were also grave, as the man, despite being married, had eloped with a minor girl, allegedly promising to marry her and forcing her into sexual relations. The minor victim in that case later died by suicide, and the trial is still pending.
The fresh complaint was lodged at Vanrai Police Station on February 20, 2024, by a 41-year-old woman who worked with the accused in a Bandra (West) real estate firm. According to her statement, on February 18 she had invited colleagues for a party at her home. When most did not attend, only the accused and another female colleague showed up.
Around 1 am, when the female colleague left, the woman asked the man to leave as well. Instead, he stayed back on the pretext of finishing his drink, entered her bedroom, and allegedly raped her violently twice before leaving at 3:30 am.
The prosecution submitted that the accused told the victim he “loved her” and wanted her to bear his child so that she would be compelled to marry him. Medical records later showed nine injuries and multiple bruises on her arms, supporting her account of a violent assault.
The accused sought bail claiming the relationship was consensual and that the woman filed the complaint at the behest of another man she was allegedly seeing. He further argued that he was not provided with written grounds of arrest, violating Section 50 of the Criminal Procedure Code.
The prosecution, however, countered that there was no intimate relationship between the victim and the accused, and medical evidence clearly pointed to sexual assault. It also highlighted the pending POCSO case against him, in which the victim had died by suicide, underscoring his propensity for such offences.
Rejecting the bail plea, Justice Gokhale held: “There is no reason to believe that the act was consensual. The nature and gravity of the offence is quite serious.” The court also noted that the case diary indicated the accused was informed of the grounds of arrest, and his father was duly notified.
With the rejection of his bail plea, the accused will remain in custody as trial proceedings continue.
