Mumbai, August 19, 2022 – Daya Mavji Jitiya, a 65-year-old man, has been granted bail by the Sessions Court for Greater Mumbai in connection with a rape case. Additional Sessions Judge Madhuri M. Deshpande granted bail, citing the consensual nature of the long-term relationship and the significant delay in filing the FIR.

Jitiya was arrested in connection with Crime No. 754/2022, registered at N.M. Joshi Marg Police Station. He was charged with offenses punishable under Sections 376(2)(n) (rape), 334 (voluntarily causing hurt on provocation), 354(d) (stalking), 509 (word, gesture or act intended to insult the modesty of a woman), 323 (voluntarily causing hurt), and 506 (criminal intimidation)¹ of the Indian Penal Code.

The Allegations and Complainant’s Account

The complainant alleged that Jitiya had repeatedly engaged in forcible sexual intercourse with her between February 8, 1993, and May 4, 2022, at various locations, against her will and without her consent. She also alleged that he had outraged her modesty, threatened her, assaulted her, abused her, taken money from her, and threatened to release videos of her to her children and at her workplace.

Defense Arguments and Court’s Observations

Jitiya’s defense argued that he was falsely implicated and that the complainant had a consensual love affair with him. They asserted that they had a mutual love and affection relationship for the past 20 years and that all interactions were consensual. The defense also highlighted the significant delay in filing the FIR, which was lodged on June 8, 2022, for incidents spanning nearly 30 years.

The court, after reviewing the FIR and the documents submitted by the defense, noted the following:

• Consensual Relationship: The complainant, a 61-year-old married woman with children, had a long-term relationship with the 65-year-old Jitiya.
• Significant Delay: The FIR was filed with a substantial delay, considering the alleged incidents occurred over nearly 30 years.
• Previous Enmity: Documentary evidence suggested previous enmity between the complainant and Jitiya.
• Completed Investigation: The prosecution had not requested further detention for investigation, indicating that the investigation was nearly complete.

Reasons for Granting Bail

The court granted bail based on:

• The consensual nature of the long-term relationship.
• The significant delay in filing the FIR.
• The nearing completion of the investigation.
• The ability to address the prosecution’s concerns about witness intimidation through stringent bail conditions.

Conditions of Bail

Jitiya was granted bail on the following conditions:

• He must execute a personal bond of Rs. 30,000 with one or two local sureties of the same amount.
• He must not directly or indirectly influence or threaten any witness.
• He must not leave India without court permission.
• He must provide his permanent and temporary addresses and contact details to the court.
• He must not change his residential address without informing the investigating officer and the court.
• He must not communicate with the complainant personally or electronically until the trial concludes.
• He must not enter the vicinity of the complainant’s residence or workplace.
• The prosecution is free to move for cancellation of bail if any condition is violated.
• Bail before lower court.

Implications and Future Proceedings

The granting of bail underscores the court’s consideration of the consensual nature of relationships and the importance of timely reporting of alleged offenses. The court’s decision also reflects the principle that bail should be granted unless there are compelling reasons to deny it. The case will proceed to trial, where the prosecution will present its evidence, and the defense will have the opportunity to challenge the allegations. This decision reflects the courts careful consideration of facts and circumstances in criminal proceedings.