The Bombay high court on Friday granted urgent pre-arrest bail to an Army officer accused by a 28-year-old woman, he met on a matrimony site, of allegedly rape and cheating her in April 2018. The HC said the fact that the complaint was filed more than two years later, “itself creates many questions.”
Justice Bharati Dangre granted the relief after observing that,
“…the complaint read with the conversation on the Whatsapp chat which has been placed on record do reveal that at a point of time, the applicant and complainant were desirous of getting married and both of them invested in the relationship, however, for the reasons very personal to them, they drifted apart. The complainant and the applicant both being major are entitled to take decisions in their life.“
The complainant-woman, aged 28, had connected with the accused after she registered with a matrimonial website.
The army major accused of rape and the woman began communicating after which he is stated to have visited Mumbai specifically for the purpose of meeting the woman.
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The police investigation found that the man accused of rape had used multiple identities to communicate and carry on relationships with various women. The police had recovered fourteen mobile SIM numbers from the man, the Court was told. They submitted, however, that his custodial interrogation was not necessary for the investigation.
said Justice Dangre.
“The fact that he is working in Army, a disciplined force, is a sufficient guarantee of he being a law abider and there is no hesitation in my mind that he will co-operate with the Investigating Agency’’
On August 5, a sessions Judge rejected the accused of rape plea for pre-arrest bail.
The prosecution said the complainant alleged that he cheated other women and has used “multiple identities’’ and “14 mobile phone numbers’’.
The HC said the cell phone used by him to be in touch with the woman is seized, to trace the other phones his custody is not needed. The prosecution said he “has cooperated with the investigating officer”.
The HC thus directed that if arrested he be released on a PR bond of Rs 25000.
Her order noted that the military man “working in a responsible post” is unlikely to flee and directed him to present in Mumbai from August 24 to August 28, and the IO can seek his presence for the probe then.
The HC allowed the complainant to be impleaded and posted the matter for further hearing to September 21.
