Mumbai, January 17, 2024: In a significant development, the Sessions Court at Greater Bombay has granted bail to 20-year-old Swapnil Santosh Patole, who was arrested in connection with a rape case filed under Sections 376(1), 376(2)(n), 417, and 506 of the Indian Penal Code (IPC). The court issued the order on January 16, 2024, after considering the informant’s affidavit stating that she wished to marry the accused.
Background of the Case
Patole was arrested in Crime No. 672/2023 registered at Mulund Police Station. According to the First Information Report (FIR), the complainant and Patole were in a romantic relationship since the Navratri festival of 2022. The complainant alleged that in July 2023, Patole engaged in sexual relations with her under the false pretext of marriage. When she became pregnant, Patole allegedly avoided fulfilling his promise of marriage, leading her to disclose the situation to her relatives. Following their advice, she lodged a formal complaint, resulting in Patole’s arrest on November 28, 2023.
Court Proceedings and Arguments
Representing Patole, Advocate Hema Kharvi argued for his release on bail under Section 439 of the Code of Criminal Procedure (CrPC). The prosecution, represented by Additional Public Prosecutor (APP) Mrs. Rashmi Tendulkar, opposed the bail plea, emphasizing the gravity of the charges. Meanwhile, the complainant was represented by Advocate Vishwala Kadlak, who filed an affidavit on her behalf, stating that she had resolved the dispute with Patole and intended to marry him.
Court’s Observations
During the proceedings, the court noted that while the complainant’s statement under Section 164 of the CrPC was yet to be recorded, her affidavit at Exhibit 5 confirmed her intention to marry the accused. Additionally, the court verified her presence and oral confirmation of the affidavit’s contents. Considering that Patole had been in judicial custody for nearly two months and the informant’s changed stance, the court deemed it appropriate to grant bail.
Bail Conditions Imposed
While allowing Patole’s bail application, the court imposed stringent conditions to ensure the integrity of the legal process:
- He must furnish a personal bond of Rs. 25,000 and a surety bond of an equal amount.
- He must not tamper with evidence, pressurize, or threaten the complainant.
- He cannot leave Mumbai without prior court permission.
- He must cooperate with the ongoing investigation and report to the concerned police station as required.
Legal and Social Implications
The case highlights the complexities surrounding rape allegations based on false promises of marriage. While such cases often result in prolonged legal battles, this particular instance underscores the role of mutual resolution between parties in shaping judicial outcomes. Legal experts note that the informant’s affidavit played a crucial role in securing bail for the accused.
Conclusion
The court’s decision to grant bail to Swapnil Santosh Patole in light of the informant’s affidavit and intention to marry him marks a pivotal moment in the case. As legal proceedings continue, all eyes will be on how the matter unfolds in subsequent hearings. Meanwhile, the ruling serves as a significant precedent in cases involving allegations of sexual assault under the guise of marriage promises.
