In a significant ruling, the Additional Sessions Court in Mumbai, on January 6, 2024, granted bail to Zaid Mohammed Mukkim Palla, a 28-year-old fitness trainer, who has been accused of multiple offences, including rape, in connection with an FIR (First Information Report) registered under C.R. No. 560 of 2023 at Matunga Police Station. The case involves serious charges under Sections 376(2)(n), 323, 504, and 506 of the Indian Penal Code (IPC), including allegations of sexual assault, criminal intimidation, and causing hurt.
Background of the Case
The case began in 2023, when the complainant, a woman in her early twenties, accused Palla of forcibly engaging in sexual intercourse with her on multiple occasions, under the pretext of a promise of marriage. The complainant alleges that the relationship, which began in November 2021, was consensual initially but turned abusive over time. The accused allegedly used the promise of marriage to manipulate and coerce the complainant into physical relations.
The complainant further claimed that the accused abused her verbally and physically, leading her to file a police complaint. Following the filing of the complaint, Palla was arrested and has since been lodged at Arthur Road Prison.
Defense Argument
The defense counsel, led by advocate Mr. Mujumdar, argued for the release of Palla, asserting that he is a permanent resident of Mumbai and has no prior criminal record. According to the defense, the relationship between the accused and the complainant was consensual, and the sexual acts were a part of a romantic relationship that began in November 2021. The defense highlighted that the complainant accepted the accused’s marriage proposal in January 2022, further suggesting that the nature of the relationship was consensual.
Additionally, the defense argued that there is no need for continued incarceration of Palla, as the medical examination of both the accused and the complainant has been completed, and no further recovery or evidence is to be retrieved from the accused. The counsel further assured the court that Palla was willing to abide by all terms and conditions set by the court.
State’s Objection to Bail
On the other hand, the Additional Public Prosecutor (Addl.P.P.), Mrs. Meera Choudhari-Bhosale, strongly opposed the bail application, stating that the offence is of a serious nature. She contended that the accused had exploited the complainant’s vulnerability by using false promises of marriage to engage in multiple acts of sexual intercourse. The prosecution also raised concerns about the safety of the complainant, claiming that the accused might threaten her or attempt to influence witnesses if released on bail.
The prosecution further argued that Palla might abscond or tamper with evidence if granted bail, and emphasized the need to ensure the complainant’s protection during the ongoing investigation.
Court’s Analysis and Ruling
The court, after reviewing the details of the case, including the FIR, the medical examination reports of both parties, the recorded statements of witnesses, and the fact that the complainant did not object to the grant of bail, decided to release the accused on bail with stringent conditions.
The court observed that while the complainant and the accused had been involved in a romantic relationship and had engaged in consensual sexual activity, there were serious allegations regarding the abuse of this relationship for sexual exploitation. The court noted that the complainant was 21 years old when she began the relationship, which she was old enough to understand the implications of her actions.
Given the facts of the case, the court noted that while the accused was not facing charges of physical injury or any immediate need for recovery of evidence, it was essential to protect the complainant from further harm. Thus, the court allowed bail with a set of conditions aimed at ensuring the accused’s presence for trial, as well as safeguarding the complainant’s rights and dignity.
Conditions for Bail
In granting bail to Palla, the court imposed the following strict conditions:
- Execution of Bail Bond: The accused is required to execute a personal bond of Rs. 50,000 with one or more sureties in a like amount.
- Non-Interference with Evidence or Witnesses: The accused is prohibited from tampering with prosecution witnesses and evidence.
- Attendance at Police Station: Palla must attend Matunga Police Station as and when directed by the Investigating Officer.
- No Further Offences: The accused must not commit any offence during the period of bail.
- No Travel Outside India: The accused cannot leave India without prior permission from the court.
- Provision of Address and Contact Details: The accused must provide both his permanent and temporary addresses, along with his contact information to the concerned police station.
- No Contact with the Complainant: Palla is forbidden from contacting the complainant or her family, directly or indirectly, by any means.
- No Misuse of Photographs: The accused is prohibited from uploading any photographs or videos of the complainant on social media.
Outcome
The court’s decision to grant bail comes with a strong message about the need to balance the right of the accused to be released on bail with the protection of the complainant’s safety and dignity. The court made it clear that any violation of the imposed conditions would lead to the immediate cancellation of bail.
The accused will now be allowed to remain free, subject to the aforementioned conditions, until the trial proceeds. The case will continue with the investigation, including the pending recording of the complainant’s statement under Section 164 of the Code of Criminal Procedure.
Public Reaction and Implications
This ruling has sparked discussions on the complexities involved in cases of alleged sexual assault, particularly when the parties involved had a prior romantic relationship. Legal experts have pointed out that while consent is a crucial factor in such cases, the dynamics of power, coercion, and manipulation must also be considered.
The case will be closely watched as it progresses through the legal system, and any further developments, including the trial and testimony, will likely have significant implications for similar cases in the future.
Date of Ruling: January 6, 2024
Court: Additional Sessions Judge, Mumbai
Judge: Dr. Gauri Kawdikar
