Mumbai, February 29, 2024 – The Additional Sessions Court in Mumbai has granted bail to Sandeep Kumar Pritam Yadav, a 25-year-old chef, in connection with a sexual assault case registered under Crime No. 665 of 2023 at Deonar Police Station. The accused was granted bail by Hon’ble Judge Dr. Gauri Kawdikar upon executing a P.R. Bond of Rs. 50,000 along with strict conditions to ensure his compliance with the legal process.

Case Background

The case stems from an FIR lodged on December 1, 2023, in which the complainant, a neighbor of the accused, alleged that Yadav had established sexual relations with her on November 5, 2023, under false promises of marriage. The complainant subsequently became pregnant, following which the accused allegedly began avoiding her. Upon discovering that the accused was already married, the complainant approached the police, leading to Yadav’s arrest on December 21, 2023.

Arguments Presented

During the bail hearing, Advocate Shubham Upadhyay, representing the accused, argued that the sexual relationship between Yadav and the complainant was consensual, and the complainant was aware of his marital status. He further submitted that Yadav had been in custody since December 21, 2023, and with the investigation complete and charge sheet filed, there was no need for his continued detention.

On the other hand, Additional Public Prosecutor (Addl. P.P.) Meera Choudhari-Bhosale, opposing the bail, contended that the accused’s actions had resulted in the complainant’s pregnancy. She emphasized that Yadav was a permanent resident of Bihar, raising concerns that he might abscond and evade trial. Moreover, the prosecution argued that Yadav’s release could lead to intimidation of the complainant and witnesses.

Court’s Observations

After hearing arguments from both sides, the court took note of the following key aspects:

• The FIR indicates a romantic relationship between the accused and the complainant.
• The Toxicology Report dated December 25, 2023, confirmed the accused’s sexual relations with the complainant.
• The accused had allegedly refused marriage after the complainant confronted him about his existing marital status.
• The charge sheet has been filed, meaning no further investigation was required.
• The accused had no prior criminal record.

The court also addressed the prosecution’s concerns regarding potential witness intimidation and absconding, concluding that such risks could be mitigated through strict bail conditions.

Bail Conditions Imposed

While granting bail, the court imposed the following stringent conditions on Yadav:

1. He must not tamper with prosecution witnesses or evidence.
2. He must appear at Deonar Police Station whenever summoned in writing by the Investigating Officer until the trial concludes.
3. He is prohibited from contacting the complainant, witnesses, or their family members directly or indirectly.
4. He must not upload any photos or videos of the complainant on social media.
5. He must not commit any further offenses.
6. He cannot leave India without prior court permission.
7. He must provide his permanent and temporary address, along with his contact details, to the police and the court.
8. He must not change his residential address without informing the court and the Investigating Officer.
9. Any breach of these conditions would lead to immediate cancellation of bail.

Legal Precedent Considered

The defense cited Arjun Gupta vs. State of Jharkhand (LAW (JHAR)-2001-9-37), where the court ruled that long-term sexual relations indicate consent. However, the court found that the present case differed, as the relationship in question involved only a single alleged incident on November 5, 2023.

Conclusion

Considering the absence of criminal antecedents, the completion of the investigation, and the conditions imposed to ensure his presence for trial, the court found no merit in continued incarceration and granted bail. The case, now registered as Sessions Case No. 168 of 2024, will proceed to trial in the coming months.

This case highlights the legal complexities surrounding allegations of sexual assault involving promises of marriage and the balancing act courts must perform between ensuring justice for complainants and upholding the accused’s rights.

The bail order was officially signed and uploaded on February 29, 2024, by Judge Dr. Gauri Kawdikar of the City Civil & Sessions Court, Mumbai.

Nishant Upadhyay