Mumbai, March 22, 2024 – Satish Sagar Yadav has been granted bail by the Sessions Court for Greater Bombay in a rape case. Additional Sessions Judge N.G. Shukla (Court Room No. 29) issued the order on March 22, 2024.

Yadav was arrested in connection with C.R. No. 177/2024, registered at the Khar Police Station, for an offense under Section 376(2)(N) (rape by a person in a position of authority) of the Indian Penal Code (IPC).

Background and Allegations:

The complainant alleged that she met Yadav in April 2019 while facing marital disputes. In November/December 2019, she left her husband’s house and stayed with Yadav in a hotel. She alleged that Yadav committed rape under a false promise of marriage. After receiving a divorce decree from her husband, Yadav allegedly refused to fulfill his promise, citing depression and mental illness.

Arguments Presented:

• Applicant’s Argument (Yadav):
  • The complainant is 10 years older than him, indicating a consensual relationship.
  • They had a four-year relationship, and the complaint was filed belatedly.
  • At the time of their first physical relationship, the complainant was not divorced, negating the claim of a false promise.
  • They attended joint psychiatric sessions due to Yadav’s depression.
  • He relied on the Supreme Court ruling in “Naim Ahamed Vs. State (NCT of Delhi)” to support his argument.
• Prosecution’s Argument:
  • Yadav repeatedly raped the complainant under the promise of marriage.
  • He failed to fulfill his promise after her divorce.
  • The investigation is ongoing, and his release could lead to witness tampering.
• Complainant’s Argument:
  • The initial physical relationship was consensual.
  • After the divorce, physical relations continued, but Yadav refused to marry her, citing depression.
  • Yadav’s advocate had issued a notice citing depression as a reason for not marrying.
  • He committed a serious offense and could threaten the complainant if released.

Court’s Reasoning and Decision:

Judge Shukla considered the submissions and the record. The court noted:

• When the complainant met Yadav, she was still married.
• Their first physical relationship occurred before her divorce.
• To establish rape under a false promise of marriage, the accused must have had the intention to not fulfill the promise from the beginning.
• The complainant consented to physical relations despite knowing she was not divorced.
• The court questioned the claim of a false promise of marriage, given the prior consensual relationship.
• The divorce was finalized on July 8, 2022 and relations continued till december 2022.
• Yadav was under depression in 2022 and received psychiatric treatment.
• The court doubted that Yadav had the intention to not fulfill the marriage promise from the start.
• The investigation was nearly complete, and conditions could be imposed to prevent threats to the complainant.
• Therefore, the court granted bail.

Bail Conditions:

Yadav was granted bail upon furnishing a personal bond of Rs. 30,000 and one or two sureties of the same amount. The following conditions were imposed:

• Yadav must not contact, threaten, or influence the complainant or other witnesses.
• He must not tamper with prosecution evidence.
• He must attend the concerned police station on the second and fourth Saturdays of each month until the trial concludes.
• He must provide his residential address and contact number to the investigating officer and update them as needed.
• Breach of any condition will be grounds for bail cancellation.

Order Details:

The order was dictated and pronounced on March 22, 2024, and uploaded on the same day at 5:56 p.m.

This decision reflects the court’s consideration of the complainant’s marital status at the time of the initial relationship, the delay in filing the complaint, and the imposition of conditions to ensure Yadav’s cooperation and prevent potential interference with the legal process.