Mumbai, April 27th, 2022 – The Sessions Court for Greater Mumbai has granted bail to Abusufiyan Abuhureira Idrishi, a 21-year-old businessman from Dharavi, who was arrested in connection with a rape case. The court, presided over by Additional Sessions Judge Sonali P. Agarwal, allowed the bail application, citing the accused’s claim of a consensual relationship and the filing of the chargesheet.
Idrishi was arrested in connection with C.R. No. 638 of 2021, registered at the Kurla Police Station, involving allegations of rape, causing miscarriage, assault, intentional insult, and criminal intimidation under Sections 376, 312, 323, 504, and 506 of the Indian Penal Code.
The prosecution alleged that Idrishi and the complainant were friends, and their friendship evolved into a romantic relationship. The complainant accused Idrishi of coercing her into sexual relations under the false promise of marriage, including incidents in hotels. She also alleged that he forced her to take medication that led to a 10-day hospitalization. Later, when she confronted him about marriage, he allegedly refused, abused, and assaulted her.
Idrishi’s defense, presented by Advocate Ashokvardhan Purohit, argued that the relationship was consensual. He claimed that the complainant had never raised any objections to their intimate encounters and that the allegations stemmed from their relationship turning sour. He also pointed out that the pregnancy kit attached to the chargesheet indicated she was not pregnant. He asserted that the FIR was a pressure tactic to prevent him from ending the relationship.
The prosecution, represented by Additional Public Prosecutor Meera Choudhary-Bhosale, objected to the bail, citing Idrishi’s alleged non-cooperation with the investigation regarding the medication used for pregnancy termination and the potential for him to influence witnesses.
Judge Agarwal, in her order, acknowledged the conflicting narratives and emphasized that the veracity of the complainant’s claims of false promises and non-consensual relations would be determined during the trial. She cited several precedents from the Bombay High Court, including Samshuddin Mansur Ansari vs. State of Maharashtra, Sunil Laxman Patil vs. State of Maharashtra, and Firoz Fakruddin Shaikh Vs. State of Maharashtra, where bail was granted in similar cases involving consensual relationships and filed chargesheets.
“As discussed above, it is a matter of trial whether accused gave false promise of marriage to informant to have sexual relations with informant,” Judge Agarwal stated. “Charge-sheet is filed in this case. There are no criminal antecedents of accused brought on record. Hence, it appears, no purpose is going to be served by keeping accused behind the bar.”
The court granted bail to Idrishi, subject to the following conditions:
- Personal Bond (PB) and Surety Bond (SB): Idrishi must furnish a PB and SB of Rs. 15,000/- with one or more sureties of the same amount.
- No Threats or Harm: He is prohibited from threatening or causing injury to the complainant.
- No Tampering with Evidence: He must not tamper with prosecution evidence.
- No Inducement or Threats to Witnesses: He is prohibited from influencing witnesses.
- Contact Information: He must provide his mobile number, phone number, and all addresses to the Investigating Officer and update them of any changes.
The court’s decision underscores the complexities of cases involving allegations of rape within the context of intimate relationships. The Kurla Police Station will continue with prosecutions of the case, and the court will decide the verdict based on the evidence presented in trial.