MUMBAI, May 10, 2024 — The Court of Sessions for Greater Bombay at Mumbai has granted regular bail to Anil Lalman Bhardwaj, a 36-year-old businessman, who was arrested on charges including rape under the pretext of a false promise of marriage (Section 376(2)(n) of the Indian Penal Code) and causing miscarriage without the woman’s consent (Section 313 of the IPC).

Additional Sessions Judge Dr. Gauri Kawdikar (Court Room No. 41) allowed Criminal Bail Application No. 1166 of 2024, noting the complainant’s affidavit which stated the relationship was consensual and that the FIR was lodged due to a “misunderstanding.”

Complainant’s Affidavit Critical to Decision

The bail application stemmed from C.R. No. 349/2024 registered at Ghatkopar Police Station. The accused, represented by Ld. Advocate Mr. A.P. Sawant, contended that the sexual relationship between him and the complainant was consensual and that both parties were already married to different individuals.

A crucial turning point in the court proceedings was the filing of an affidavit (Exh. 4) by the complainant herself. In this document, she explicitly gave a “no objection” to grant bail to the accused. She stated that she “loves the accused” and that the entire act was done with her “own consent,” claiming the FIR was registered “due to some misunderstanding and in anger.”

The prosecution, represented by Ld. A.P.P. Mrs. Veena Shelar, had opposed the application, citing the seriousness of the offence and the possibility of the accused tampering with evidence or absconding.

Court Questions Delay and Consent

The Sessions Judge, upon perusal of the record, highlighted several points that weighed in favor of granting bail:

• Sexual relations appeared consensual: The FIR details that after meeting for plumbing work in July 2023, the first incident of sexual relations occurred on August 15, 2023. The court observed that sexual relations in the accused’s own house later on “prima-facie show that the sexual relations were consensual.”
• Unexplained delay in reporting: The complainant lodged the FIR on April 21, 2024, but the first alleged sexual incident was on August 15, 2023. The court found that the complainant had not provided “any explanation for remaining silent from 15/08/2023 till 21/04/2024.”
• Complainant’s maturity: The Judge noted that the complainant is 28 years old and possessed “sufficient maturity to understand the consequences of ones’ act.”

Based on these factors, particularly the complainant’s “no objection” affidavit, the court determined that the continued incarceration of the accused, who was arrested on April 21, 2024, was “not required or warranted.”

Bail Conditions to Prevent Harassment

Anil Lalman Bhardwaj was released on a Personal Bond (P.B.) of Rs. 50,000/− (Rupees Fifty Thousand) with one or more sureties in the like amount.

To ensure the accused complies with the legal process and to protect the complainant, the court imposed several terms and conditions:

• The accused shall not tamper with prosecution evidence and witnesses.
• He must attend the Ghatkopar Police Station on the 2nd and 4th Saturday of every month until the filing of the charge-sheet.
• He is strictly prohibited from uploading any video or photographs of the complainant on Social Media.
• The accused shall not leave India without the Court’s permission.
• He must not commit any other offence and must furnish his contact details and address to the police.

The order explicitly warned that the prosecution is at liberty to move the court for cancellation of bail if the accused disobeys any of the prescribed conditions.