Mumbai, Maharashtra – April 27, 2022 – Ashwin Bhimrao Gholap, accused of rape under the false pretense of marriage, has been denied bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge Sonali P. Agarwal (C.R. No. 41) rejected Criminal Bail Application No. 917 of 2022, related to C.R. No. 267 of 2022 registered with Ghatkopar Police Station.
Gholap was arrested and charged under Sections 376(2)(n) (rape), 417 (cheating), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation)1 of the Indian Penal Code2 (IPC).
Case Background:
The complainant, a widow, alleged that she met Gholap on Facebook in 2017. They began communicating, and Gholap visited her home. She alleged that he promised to marry her and subsequently had sexual relations with her. Later, he told her that his father had chosen another woman for him to marry but promised to divorce her and marry the complainant.
The complainant alleged that she trusted him after seeing his bedridden father. Even after marrying another woman, Gholap continued to visit the complainant and have sexual intercourse with her, promising to divorce his wife. The complainant then called Gholap’s wife and informed her of their relationship. Following this, Gholap allegedly assaulted the complainant and threatened to kill her when she insisted on marriage.
Arguments and Court’s Reasoning:
Gholap’s counsel, Adv. Samadhan Sulane, argued that the sexual relations were consensual and that Gholap never promised marriage. He also pointed out that the complainant was aware of his marriage and had even attended his engagement ceremony.
The prosecution, represented by Addl. P.P. Mrs. Bhandari, opposed the bail, stating that Gholap might threaten witnesses if released.
The court noted the complainant’s allegations that Gholap had repeatedly promised marriage to induce sexual relations. “It appears, as per the allegations of prosecution since 2017 till informant informed about relation between her and accused to wife of accused, accused kept giving promise of marriage to her to have sexual relations with her and refused to marry when wife was told about their relation on phone,” Judge Agarwal stated.
The court emphasized that the complainant had alleged that Gholap continued to promise marriage even after his own marriage, and only after his wife learned of the affair did he refuse to marry the complainant. “Hence, prima faciely it appears by giving false promise of marriage accused induced informant to keep sexual relations with him,” Judge Agarwal concluded.
The court also expressed concern that Gholap might threaten witnesses and that the investigation was ongoing.
Decision:
Judge Agarwal rejected Gholap’s bail application, concluding that the allegations of rape under the false pretense of marriage were serious and required further investigation.
The certified copy of the judgment was issued on April 27, 2022. This decision highlights the court’s consideration of the allegations of false promises and the potential for witness intimidation when denying bail in a rape case.