Mumbai, May 4, 2022 – The Additional Sessions Judge Sonali P. Agarwal granted bail to Saif Abrar Khan, accused in a rape case registered at Vinobha Bhave Nagar Police Station. The court cited the possibility of a consensual relationship between the accused and the complainant as a reason for granting bail.

Khan was arrested in connection with Crime No. 12/2022, registered under Sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code (IPC).

According to the complainant, she was married with two children. She alleged that on May 17, 2021, Khan took her to a lodge and had sexual relations with her. She further alleged that Khan threatened to make her photos viral and had sexual relations against her will.

Khan, through his advocate Imran Sheikh, sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that he was falsely implicated and that the prosecution’s story was weak.

The prosecution, represented by Additional Public Prosecutor (APP) Meera Choudhary-Bhosale, opposed the bail, stating that the charge sheet had been filed and that Khan had befriended the victim through mobile, threatened to make her photos viral, and had sexual relations with her. They also argued that Khan was from Uttar Pradesh and did not have a permanent address in Mumbai.

Judge Agarwal, after hearing both sides and reviewing the charge sheet, noted the following:

• The complainant had alleged that Khan had told her on WhatsApp that he liked her and wanted to marry her and had threatened to defame her if she did not love him.
• The complainant had also alleged that Khan had threatened her on the phone and told her to come with him to a lodge, and she had gone with him.
• The complainant alleged that Khan had taken her photos while having sexual relations with her and had threatened to make them viral.
• The prosecution had seized Khan’s mobile and clothes.

Judge Agarwal observed that the complainant had been talking to Khan on WhatsApp and had gone to the lodge with him of her own accord, which raised the possibility of a consensual relationship.

“Learned counsel for accused has contended that informant was talking with accused on WhatsApp and on her own she went to lodge with him and it shows prima faciely the allegations are of consensual relations. Considering the circumstances that informant is already married and merely on say that she will be defamed she went first time to lodge with accused and accused had sexual relations with her, therefore, possibility cannot be ruled out that there was consensual relations between applicant and informant. It is a matter of trial whether such relations were with or without consent of victim.” Said Judge Agarwal.

The court also noted that the charge sheet had been filed and that Khan had no criminal antecedents.

Consequently, the court granted Khan bail, ordering him to furnish a personal bond and surety bond of Rs. 15,000 with one or more sureties of the same amount. The court also imposed the following conditions:

• Khan must not threaten or cause injury to the complainant.
• Khan must not tamper with prosecution evidence.
• Khan must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
• Khan must furnish his mobile number, phone number, and all addresses to the investigating officer and inform the investigating officer of any changes.

“Accused viz. Saif Abrar Khan be released on bail on his furnishing PB and SB of Rs.15,000/- (Rupees Fifteen Thousand only), with one or more surety/sureties in the like amount, in C.R.No.12/2022 for the offence punishable under Sections 376 and 506 of IPC registered with Vinobha Bhave Nagar Police Station on the following conditions: (i) Accused is directed not to threaten or cause injury to informant. (ii) Accused is directed not to tamper with prosecution evidence. (iii) Accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer. (iv) Accused shall furnish his mobile number, phone number & his all addresses including permanent, temporary and postal to the Investigating Officer and in case of change or discontinue with the mobile numbers provided to Investigating Officer will inform new mobile number to Investigating Officer till the conclusion of the trial. Investigating Officer to submit such addresses and phone and mobile numbers to the Court.” Judge Agarwal ordered.

The order was dictated, transcribed, and signed on May 4, 2022, and uploaded on May 11, 2022, as certified by stenographer Subhash Sukhdeo Poul.

This ruling highlights the judiciary’s approach in considering the possibility of consensual relationships and the absence of criminal antecedents when deciding bail applications in rape cases, especially when the charge sheet has been filed.