Mumbai, March 5, 2024: The City Civil & Sessions Court of Greater Mumbai has granted bail to Vishwas Gulab Yadav, a 25-year-old serial editor, accused in a rape case registered under C.R. No. 17/2024 at Wadala T.T. Police Station. The court, presided over by Additional Sessions Judge Dr. Gauri Kawdikar, passed the order in Criminal Bail Application No. 238 of 2024.
Case Background
Yadav was arrested on January 8, 2024, following allegations from a 30-year-old married woman who accused him of establishing a sexual relationship with her under the false promise of marriage. The complainant, who had been married since 2015 and has three children, alleged that she started living with Yadav in a rented accommodation in Wadala East from September 18, 2023. She claimed that Yadav supported her financially, paying a security deposit and monthly rent, and continued to engage in sexual relations with her until November 28, 2023, before ceasing contact and refusing to marry her.
Following his arrest, Yadav was charged under Sections 376 (rape), 376(2)(N) (repeated rape), 323 (voluntarily causing hurt), 504 (intentional insult to provoke breach of peace), and 506 (criminal intimidation) of the Indian Penal Code.
Arguments in Court
Yadav’s defense, represented by Advocate Arun R. Gupta, argued that the relationship was consensual and that the complainant willingly chose to live with him. The defense also highlighted that Yadav had no prior criminal record and had cooperated with the investigation. Additionally, they pointed out the delay in filing the First Information Report (FIR), which was lodged on January 6, 2024, more than a month after the alleged offense.
On the other hand, Additional Public Prosecutor Meera Choudhari-Bhosale opposed the bail, citing the seriousness of the offense and the possibility of Yadav influencing the complainant or tampering with evidence. The prosecution emphasized that the accused had misled the complainant with false promises and had contributed to the breakdown of her marriage.
Court’s Observations and Ruling
In her order, Judge Kawdikar noted that the complainant, a mature adult, willingly entered into a live-in relationship with Yadav despite being married. The court also observed that since the investigation was complete and a charge sheet had already been filed, further incarceration of the accused was unnecessary.
The court referred to similar past rulings, including Naim Ahamed v. State (NCT of Delhi) and G. Achyut Kumar v. State of Odisha, which held that allegations of rape do not stand when a consensual relationship between two adults turns sour.
Bail Conditions
Yadav was granted bail on a bond of ₹50,000 with one or more sureties, subject to the following conditions:
- He must not tamper with witnesses or evidence.
- He must appear at Wadala T.T. Police Station whenever summoned.
- He must not commit any further offenses.
- He is prohibited from contacting the complainant or her family.
- He must refrain from uploading any content related to the complainant on social media.
- He cannot leave India without court permission.
- He must provide his permanent and temporary address to the police.
- He must inform authorities before changing his residence.
The court warned that any violation of these conditions would lead to bail cancellation.
Conclusion
With this ruling, Yadav is set to be released, pending trial. The case highlights ongoing legal debates around the interpretation of consent and false promises of marriage in sexual offense cases. The next steps in the trial will be closely monitored as the matter proceeds in the Metropolitan Magistrate’s Court.