Mumbai, July 21, 2022 – Shivkumar Chaudhari, accused of rape, cheating, bigamy, and criminal intimidation, has been granted bail by Additional Sessions Judge A.B. Sharma. The court cited the consensual nature of the relationship, the filing of the charge sheet, and the completion of the investigation as reasons for granting bail.

Chaudhari was arrested in connection with Crime No. 101 of 2022 registered at N.M. Joshi Marg Police Station, Mumbai. He was charged under Sections 376 (rape), 417 (cheating), 494 (marrying again during lifetime of husband or wife), 495 (same offence with concealment of former marriage from person with whom subsequent marriage¹ is made), and 506 (criminal intimidation) of the Indian Penal Code (IPC).

Prosecution’s Case:

The complainant alleged that Chaudhari, who worked as an ambulance driver, had recorded a video of her while she was bathing and used it to blackmail her into a sexual relationship. She further alleged that he forcibly married her and that she later discovered he was already married.

Defense Arguments:

Advocate Gaurav Gokhale, representing Chaudhari, argued that the relationship was consensual and that there was an inordinate delay in filing the FIR. He asserted that Chaudhari had spent money on the complainant and her mother and that they were legally married. He emphasized that the investigation was complete, the charge sheet had been filed, and his client was willing to abide by bail conditions.

Prosecution’s Stance:

APP Kalpana Hire, representing the State, opposed the bail application, citing the seriousness of the offense and the possibility of the accused influencing witnesses and absconding.

Court’s Observations and Decision:

Judge Sharma noted the following key points:

• Consensual Relationship: The complainant and Chaudhari had a relationship from 2019 to 2022, and they had performed a marriage. The court found it “highly impossible” that the complainant was unaware of Chaudhari’s first marriage.
• Delay in FIR: There was a delay in filing the FIR.
• Charge Sheet Filing: The investigation was complete, and the charge sheet had been filed.
• Pretrial Punishment: The court stated that further incarceration of the accused would amount to pretrial punishment.

“It appears that the accused and the victim were working at the same place and it is highly impossible that victim did not get information about the first marriage of the accused. Therefore, prima­facie the victim appears to be a consenting party. Now, the investigation is completed and Charge­sheet is filed. The accused is behind the bar since his arrest. As the charge­sheet is filed, now nothing has to be recovered from the accused. The Charge­sheet is yet not committed to this Court. Looking to the filing of Charge­sheet, I am of the considered view that further incarceration of the accused shall amount to pretrial punishment. Therefore, he deserves to be released on bail,” Judge Sharma stated in her order.

Conditions of Bail:

Chaudhari was granted bail on the following conditions:

• He must furnish a Personal Recognizance (PR) Bond of Rs. 25,000 with one or two solvent sureties of the like amount.
• He must not leave India without prior court permission.
• He must submit proof of his residential address, phone number, Aadhaar card, and election card.
• He must not involve in any crime.
• He must not tamper with prosecution evidence or witnesses.
• He must not directly or indirectly influence any witnesses.
• He must attend all court hearings.
• He must not visit the place where the victim and prosecution witnesses reside or contact them.
• Violation of any condition may result in bail cancellation.
• Provisional cash bail is allowed for three months.

Implications:

This decision highlights the court’s consideration of the consensual nature of the relationship and the completion of the investigation in sexual offense cases. The court’s emphasis on preventing pretrial punishment and ensuring a fair trial is also evident. The imposition of stringent conditions aims to balance the accused’s right to liberty with the need to protect the complainant and ensure a fair trial.