Bombay High Court Grants Bail To Man Accused Of Raping Friend's Wife Allegedly At His Behest

While granting him bail, the Bench of Justice Prakash D Naik observed that it was not clear as to when did he establish physical relationship with her as the act was allegedly done on the prompting of the husband.

The matter before the Court

The Court was hearing an application for bail for offences punishable under Sections 376(D), 377 & 120-B r/w Section 34 of Indian Penal Code (for short "IPC") and Section 66 (E) of Information Technology Act, 2000 and the applicant was arrested on 18th June, 2019. The FIR in the matter was lodged on 23^rd February, 2019.

The complainant (Woman) in the matter was married to one Vishal Hiremath (working in Merchant Navy) in 2009. Since 2015, the complainant and her husband were separately residing at Borivali.

The complainant alleged that when her husband had returned from ship, one couple visited their house and all of them had consumed liquor.

She alleged that the friend of her husband (applicant in the matter) sexually assaulted her and on the next day, the complainant's husband informed her that he had recorded the video of the act and he had called that person for having sex with her.

It has been alleged that similar incident had occurred thereafter. Her husband called one person at home and he was asked to establish physical relationship with complainant.

Her husband threatened her that objectionable video would be made viral is she refuses to act as per his wishes.

Court's Order

The Court, in its order noted that the date of first and second incident had not been mentioned in the FIR. The alleged incidents occurred in 2015 and thereafter in 2016 & 2018 and the FIR was lodged on 23rd February, 2019.

The Court also observed that although the applicant had been identified, it was not clear as to in which incident he was involved and the complaint was lodged belatedly.

To this, the Court said,

"Prima facie it appears that, Section 376 may not be attracted against applicant. Since the trial is pending, giving such finding is not warranted. The applicant is in custody for a period of about one and half year. Hence, case for grant of bail is made out."

Thus, the applicant was directed to be released on bail in connection with C.R. No. 201 of 2018 registered with C.R. No.89 of 2019 registered with Kasturaba Marg Police Station, Mumbai on executing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.

Case title - Hitesh Ramesh Parate @ Rajkamal v. The State of Maharashtra [Criminal Bail Application No.3355 OF 2019]

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