Mumbai, April 12, 2024 – Rajendra Harischandra Gharat, a 44-year-old resident of Trombay, Mumbai, has been granted bail by the Sessions Court for Greater Bombay in a rape, abortion, and cheating case. Additional Sessions Judge Dr. Gauri Kawdikar (Court Room No. 41) issued the order on April 12, 2024.
Gharat was arrested in connection with C.R. No. 76/2024, registered at the Trombay Police Station, for offenses under Sections 376 (rape), 376(2)(n) (rape by a person in a position of authority), 313 (causing miscarriage without woman’s consent), and 406 (criminal breach of trust) of the Indian Penal Code (IPC).
Background and Allegations:
The complainant, a married woman living separately from her husband, alleged that she had been in a relationship with Gharat since 2015. They had their first sexual encounter in May 2017 and continued to have sexual relations at various locations until April 14, 2023. The complainant also alleged that she underwent two abortions after becoming pregnant by Gharat. She filed an FIR on February 21, 2024.
Arguments Presented:
Advocate S.A. Mhatre, representing Gharat, argued that the relationship was consensual, no force was used, Gharat was arrested on February 22, 2024, the charge sheet had been filed, there were no criminal antecedents, and he was a permanent resident of Mumbai.
Additional Public Prosecutor (APP) Meera Choudhari-Bhosale, representing the State, opposed the bail, arguing that the offenses were serious, Gharat would pressurize the complainant and tamper with evidence, and he might abscond.
Court’s Reasoning and Decision:
Judge Kawdikar reviewed the record and noted that the complainant and Gharat had sexual relations from 2017 to 2023 at various locations, and she had undergone two abortions. The court found that this prima facie indicated a consensual relationship.
The court also highlighted that the complainant was married and thus legally unavailable for marriage to Gharat. Further, there was a delay of approximately 10 months in filing the FIR after the last alleged sexual encounter on April 14, 2023. The court noted that the complainant was 33 years old and mature enough to understand the consequences of her actions.
Given that the investigation was complete, the charge sheet was filed, there were no criminal antecedents, and Gharat was a permanent resident of Mumbai, the court concluded that continued incarceration was not warranted.
Bail Conditions:
Gharat was granted bail upon furnishing a personal bond of Rs. 50,000 with one or more sureties of the same amount. The following conditions were imposed:
- He must not tamper with prosecution witnesses or evidence.
- He must attend the Trombay Police Station as and when called by the Investigating Officer on written notice.
- He must not commit any offense in the future.
- He must not contact the complainant or witnesses directly or indirectly until the trial’s conclusion.
- He must not upload any videos or photographs of the complainant on social media.
- He must not leave India without permission from the court.
- He must furnish his permanent and temporary address, if any, and his contact details to the police station.
- He must not change his residential address without prior intimation to the Investigating Officer and the court.
Order Details:
The order was signed and uploaded on April 12, 2024, at 1:02 p.m.
This decision reflects the court’s consideration of the consensual nature of the relationship, the delay in filing the FIR, the completion of the investigation, and the imposition of conditions to ensure Gharat’s cooperation and prevent potential interference with the legal process.