Mumbai, Maharashtra – July 19, 2022 – A Mumbai Sessions Court has granted bail to Achal Sahebrao Sawant, accused of rape, after the victim submitted an affidavit stating her consent for marriage with the accused. The court, presided over by Additional Sessions Judge Smt. A.B. Sharma, granted bail subject to several conditions, considering the victim’s stance and the progress of the investigation.

Sawant was arrested in connection with Crime No. 540 of 2022, registered at Tilak Nagar Police Station, under sections 376 (rape) and 376(2)(n) (repeated rape) of the Indian Penal Code (IPC). The victim had initially filed a complaint alleging that Sawant, a relative, had repeatedly engaged in sexual intercourse with her under the pretext of marriage, and subsequently refused to marry her.

During the hearing, Sawant’s advocate, Mr. Jadhwar, argued that his client was falsely implicated and that the relationship between Sawant and the victim was consensual. He also submitted that the investigation was complete, and Sawant’s continued detention was unnecessary.

The prosecution, represented by Ld. APP. Kalpana Hire, opposed the bail application, citing the seriousness of the offense and the potential for Sawant to tamper with evidence or influence witnesses.

However, a significant development occurred when the victim filed an affidavit stating that Sawant had agreed to marry her, and she had no objection to his release on bail.

Judge Sharma, after considering the victim’s affidavit and the contents of the FIR and the prosecution’s report, noted that the relationship appeared to be a love affair and that the victim was prima facie a consenting party. She also observed that the material investigation was nearly complete and that Sawant had no prior criminal record.

“As the victim herself has given no objection to release him on bail, under such circumstance, further incarceration of the accused would not suffice any purpose,” Judge Sharma stated in the order.

The court granted bail to Sawant on a personal bond of Rs. 25,000, along with one or more sureties of the same amount, subject to the following conditions:

• He must visit Tilak Nagar Police Station once a month until the conclusion of the trial.
• He must not leave India without prior permission from the court.
• He must submit proof of his residential address, phone number, Aadhaar card, and election card (if any).
• He must not involve himself in any crime; otherwise, his bail may be canceled.
• He must not tamper with prosecution evidence or witnesses.
• He must not influence or threaten any person acquainted with the facts of the case.
• He must regularly attend court proceedings.
• He must not visit the place where the victim and prosecution witnesses reside or contact them in any manner.
• The prosecution is at liberty to file an application for cancellation of bail in case of violation of bail conditions.
• Provisional cash bail is allowed for three months.

This decision underscores the court’s consideration of the victim’s changed stance and the importance of respecting her wishes, while also ensuring that the accused complies with legal conditions. The imposition of stringent conditions aims to balance the rights of the accused with the need to maintain law and order.