Mumbai, India – February 28, 2024 – A Mumbai Sessions Court has granted bail to Vinayak Nathu Dimbale, accused of rape and other offenses, citing the consensual nature of the relationship and the significant delay in filing the First Information Report (FIR). Additional Sessions Judge Dr. Gauri Kawdikar, presiding over Court Room No. 41, granted bail in Criminal Bail Application No. 359 of 2024, related to C.R. No. 901 of 2023 registered at Dharavi Police Station.

Dimbale, 30, was arrested on charges under Sections 376(2)(n) (repeated rape), 354(A)(iii) (sexual harassment), 417 (cheating), 328 (causing harm by means of poison, etc., with intent to commit an offense), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation)¹ of the Indian Penal Code² (IPC).

Relationship History and Allegations:

The complainant and Dimbale had known each other since 2015 and were in a romantic relationship. In 2018, Dimbale married another woman, but the complainant continued to maintain contact with him. The complainant alleged that Dimbale had sexual relations with her under the pretext of marriage from July 2022 to October 2022. She further alleged that on October 7, 2022, Dimbale had sexual intercourse with her at his house after giving her alcohol.

Defense Arguments:

Dimbale’s defense argued that the relationship was consensual and that the complainant was aware of his marriage since 2018. They emphasized that the complainant, despite knowing about his marriage, continued to meet him. They also highlighted that the complainant was 27 years old, the charge sheet had been filed, and Dimbale had no prior criminal record.

Prosecution Objections:

The prosecution argued that Dimbale had established sexual relations with the complainant by showing her obscene videos and promising marriage. They expressed concerns that Dimbale might threaten the complainant and witnesses if granted bail and that he might not attend the trial.

Court’s Reasoning and Decision:

Judge Kawdikar, after reviewing the case records, noted that the complainant had known Dimbale since 2015 and was aware of his marriage since 2018. The court also highlighted the significant delay of over 1 year and 2 months in filing the FIR after the alleged incident on October 7, 2022.

“The fact that the complainant had knowledge about the marriage of the accused performed in the year 2018, had still maintained contact with him, had gone to his house on 07/10/2022 herself; prima-facie show that their sexual relationship was consensual,” Judge Kawdikar stated in her order.

The court also noted that the investigation was complete, the charge sheet had been filed, and medical records indicated that the complainant had taken i-pills of her own volition. Given the prima facie consensual nature of the relationship and the absence of any criminal antecedents, the court found no reason to keep Dimbale in custody.

Bail Conditions:

Dimbale 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 Dharavi Police Station as and when called by the Investigating Officer upon written notice until the completion of the trial.
• He shall not commit any offense in the future.
• 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 contact the complainant or her family members directly or indirectly.
• He shall not change his residential address without informing the investigation officer and the court.

Implications:

The court’s decision highlights the importance of considering 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 case also shows the importance of the timing of reports, and how that can affect the courts decision.