Mumbai, India – February 29, 2024 – A Mumbai Sessions Court has granted bail to Rakendra Shmshankar Tiwari, an auto driver accused of rape and cheating, raising significant questions about the complainant’s allegations. Additional Sessions Judge Dr. Gauri Kawdikar, presiding over Court Room No. 41, granted bail to Tiwari in Criminal Bail Application No. 246 of 2024, related to C.R. No. 808 of 2023 registered at Pant Nagar Police Station.

Tiwari, also known as Munna Tiwari, was arrested in connection with allegations of rape, cheating, assault, and criminal intimidation. The complainant alleged that Tiwari and a co-accused had deceived her into investing money and gold, and that Tiwari had forcibly sexually assaulted her.

Complainant’s Allegations and Court’s Scrutiny:

The complainant alleged that she had known the co-accused, who ran a grocery store, for three years. In June 2023, he introduced her to Tiwari, who proposed a gold investment scheme. She claimed to have given them Rs. 2,00,000 per month from July to October 2023, and gold ornaments worth Rs. 5,00,000 in November 2023. She further alleged that Tiwari forcibly sexually assaulted her in December 2023 at Hotel Sai Sakshi and threatened her.

However, the court found several discrepancies and inconsistencies in the complainant’s statements:

• Lack of Financial Evidence: The court noted the absence of bank receipts, passbook entries, or income tax returns to substantiate the complainant’s claim of having paid Rs. 2,00,000 per month. Similarly, no bills or receipts were produced for the alleged gold ornaments.
• Vague Timeline: The court pointed out the complainant’s failure to specify the date of the alleged sexual assault, which raised doubts about the incident itself.
• Contradictory Claims: While the complainant claimed Tiwari threatened her with a gun, no weapon was recovered. She also alleged he threatened to circulate nude photos or videos, but the FIR lacked details on when these were taken.
• Co-Accused Bail: The court noted that the co-accused had already been granted anticipatory bail.

Court’s Reasoning for Granting Bail:

Judge Kawdikar emphasized that the charge sheet had been filed in the Metropolitan Magistrate’s Court, and the accused had already undergone medical examination. Given the lack of criminal antecedents and the inconsistencies in the complainant’s statements, the court deemed it appropriate to grant bail with strict conditions.

Bail Conditions:

Tiwari was granted bail on a personal bond of Rs. 50,000 with one or more sureties of the same amount, subject to the following conditions:

• He shall not tamper with prosecution witnesses or evidence.
• He shall attend Pant Nagar Police Station on the 1st and 3rd Thursday of every month.
• He shall not commit any offense in the future.
• He shall not leave India without court permission.
• He shall not contact the complainant or her family.
• He shall not upload any videos or photos of the complainant on social media.
• He must provide his addresses and contact information to the police.
• He must not change his address without informing the investigation officer and the court.

Implications:

The court’s decision highlights the importance of scrutinizing allegations in criminal cases, particularly those involving serious charges like rape and cheating. The court’s emphasis on the lack of corroborating evidence and the inconsistencies in the complainant’s statements underscores the need for thorough investigation and careful evaluation of evidence. The case also brings to light the importance of financial documentation when large sums of money are alleged to have changed hands.