Mumbai, India – March 21, 2024 – A Mumbai Sessions Court has granted bail to Sudhir Anjani Tiwari, accused of rape and other offenses, citing the consensual nature of the relationship and the delayed filing of the First Information Report (FIR) after the accused’s marriage. Additional Sessions Judge Dr. Gauri Kawdikar, presiding over Court Room No. 41, granted bail in Criminal Bail Application No. 301 of 2024, related to C.R. No. 55 of 2024 registered at Ghatkopar Police Station.
Tiwari, 29, was arrested on charges under Sections 376 (rape), 376(2)(n) (repeated rape), and 506 (criminal intimidation) of the Indian Penal Code (IPC).
Relationship History and Allegations:
The complainant and Tiwari were college friends and reconnected after the complainant’s divorce in 2022. The complainant, who had a child from her previous marriage, alleged that Tiwari proposed marriage and, under that pretext, established a sexual relationship with her. She claimed that on October 5, 2022, Tiwari took her to a hotel and established sexual relations after promising to marry her. She further alleged that he took her photographs and later used them to blackmail her into continuing the relationship. The complainant also stated that she gave Tiwari Rs. 8,50,000 and a Dell laptop based on his promise of marriage.
The complainant filed the FIR on January 12, 2024, after learning that Tiwari had married another woman on December 4, 2023.
Defense Arguments:
Tiwari’s defense argued that the relationship was consensual and that the complainant was attempting to force him into marriage. They highlighted that the complainant had filed the FIR as revenge after learning about his marriage. They also stated that the Rs. 8,50,000 was for a joint business venture and that the complainant was a sleeping partner. They emphasized that the charge sheet had been filed, and there were no criminal antecedents attributed to Tiwari.
Prosecution Objections:
The prosecution argued that the offense was serious, and Tiwari might pressure the complainant and tamper with evidence if granted bail. They also stated that the complainant’s statement under Section 164 of the Code of Criminal Procedure (CrPC) had not been recorded.
Court’s Reasoning and Decision:
Judge Kawdikar, after reviewing the case records, noted that the complainant was 27 years old at the time of filing the FIR and 25 at the time of the alleged first incident. The court highlighted that the complainant had continued the relationship despite knowing about Tiwari’s marriage in 2017.
“The fact that they had sexual relations at the house of the complainant herself prima-facie shows her consent. Similarly, the fact that the complainant herself gave the huge amount of Rs.8,50,000/- to the accused from time to time due to various reasons and also gave her Dell Laptop for his use prima-facie shows they had love affair,” Judge Kawdikar stated in her order.
The court also noted the significant delay in filing the FIR, which was lodged after the complainant learned about Tiwari’s marriage. The court emphasized that the investigation was complete, and the complainant’s mobile phone and laptop had been seized.
“At this stage, based on the amount of Rs.8,50,000/- given by the complainant to the accused, sexual relationship at the house of the complainant herself, no complaint from 04/10/2022 till the present FIR lodged on 12/01/2024 i.e. for a period of 1 year 3 months, no NC or any other complaint in respect of the obscene photos taken by the accused of the complainant which the complainant had knowledge about on 05/10/2022 itself; prima-facie show that their sexual relationship was consensual,” the court added.
Bail Conditions:
Tiwari was granted bail on the following conditions:
- He must execute a personal bond of Rs. 50,000 with one or more sureties of the same amount.
- He shall not tamper with prosecution witnesses or evidence.
- He shall attend Ghatkopar Police Station on the first Sunday of every three months until the trial concludes.
- He shall not commit any offense in the future.
- He shall not contact the complainant, witnesses, or their family members.
- He shall not upload any videos or photographs of the complainant on social media.
- He shall not leave India without the court’s permission.
- He shall provide his permanent and temporary addresses and contact details to the police station.
- He shall not change his residential address without informing the investigation officer and the court.
Implications:
This case highlights the court’s consideration of the consensual nature of relationships and the impact of delayed FIRs in sexual assault cases. It also underscores the court’s approach to balancing the rights of the accused with the need to protect the complainant. The timing of the FIR, and the existing relationship between the two, played a large role in the courts final decision.