Mumbai, April 19th, 2022 – The Sessions Court for Greater Mumbai has granted bail to Darshan Lahu Anbhavane, a 36-year-old resident of Santacruz, who was arrested in connection with a rape case. The court, presided over by Additional Sessions Judge Sonali P. Agarwal, allowed the bail application, citing the apparently consensual nature of the relationship and the significant delay in filing the FIR.

Anbhavane was arrested in connection with C.R. No. 63 of 2022, registered at the Vakola Police Station, involving charges under Sections 376(2)(n) (rape) and 506 (criminal intimidation) of the Indian Penal Code.

According to the prosecution, the complainant, a married woman and Anbhavane’s neighbor, alleged that he proposed to her in June 2021, claiming his wife had left him. She accused him of sexually assaulting her in a hotel in October 2021, despite her initial refusal, and again in November 2021. The complainant further alleged that Anbhavane pressured her to send him photos, became possessive, and threatened to disclose their relationship to her husband and family when she tried to end it. She also claimed he threatened to make her photos viral. The complainant alleged that on December 31, 2021, he forced her to drink liquor and sexually assaulted her again, threatening to release photos from that night. The FIR was lodged after she discovered he had used her photo as his WhatsApp status and DP.

Anbhavane’s defense, presented by Advocate Raziya Shaikh, argued that the complainant admitted to a consensual love affair since June 2021 and willingly accompanied him to hotels. They also pointed out the one-year delay in filing the FIR and alleged that the complainant had borrowed Rs. 50,000 from Anbhavane and signed a promissory note. They argued that the complainant willingly shared her photos and that there was no allegation that they were nude or obscene.

The prosecution, represented by Additional Public Prosecutor Meera Choudhary-Bhosale, opposed the bail, citing the seriousness of the offense and the potential for Anbhavane to threaten the complainant and witnesses. They also stated that they had seized Anbhavane’s mobile phone, recorded statements, and conducted a medical examination of the complainant.

Judge Agarwal, in her order, noted that the complainant admitted to a relationship with Anbhavane and visited hotels with him. She highlighted the absence of any allegation of a promise of marriage and the fact that the complainant did not immediately report the alleged assault in October 2021.

“These all circumstances prima faciely shows that such sexual relations were consensual,” Judge Agarwal stated.

The court also considered that the alleged threats to release photos did not involve obscene or nude images and that Anbhavane’s mobile phone had been seized, reducing the risk of him tampering with evidence. The court noted that Anbhavane had no prior criminal record.

“Therefore, it appears, no purpose is going to be served by keeping accused behind the bar,” Judge Agarwal noted.

Consequently, the court granted bail to Darshan Lahu Anbhavane, subject to the following conditions:

• Personal Bond (P.B.) and Surety Bond (S.B.): Anbhavane must execute a P.B. and S.B. of Rs. 15,000/- with one or more sureties of the same amount.
• No Threatening or Causing Injury: He must not threaten or cause injury to the complainant.
• No Tampering with Evidence: He must not tamper with prosecution evidence.
• Cooperation with Investigation: He must cooperate with the police investigation.
• Police Attendance: He must attend the Vakola Police Station every Friday between 10:00 AM and 11:00 AM until the police file the final report.
• No Influence on Witnesses: He must not influence witnesses.
• Contact Information: He must provide his mobile number, phone number, and all addresses to the investigating officer and inform them of any changes.

The court’s decision highlights the importance of considering the circumstances of the relationship and the delay in filing the FIR in rape cases. The Vakola Police Station will continue its investigation.