Bombay High Court Awards Pre-Arrested Bail to Army Man Alleged for Rape

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The Bombay High Court awarded a pre-arrest bail to an army man. This Man is accused of having forced a woman he met on the matrimony site, for a physical relationship.

Facts of the Case 

The complaint is filed by an I.T Engineer working as Deputy Manager in a Telecom Company. The complainant aged 28 years had signed up on a matrimony site. She received a request from a man who claimed to be an Army Major. The Major was then posted in Manipur. They became closer through Mobile applications such as Whatsapp etc.

The complaint states that in April 2018, the Army Man had visited Mumbai to meet the complainant. In Mumbai he stayed in a Hotel. The duo decided to get married in December, during his stay. 

The Allegations

The complainant then alleges that she was forced for a physical relationship. She stated that unnatural sex had been committed. An offense under Section 376 and 377 of the IPC registered was registered.

The complaint states that she had visited a Doctor when she missed her period somewhere in June 2018. The complainant had taken a tablet which helped her to get rid of the pregnancy. The complaint then gives the details of the reluctance showed by the applicant to marry her. This prompted the woman to approach the police station. The delay in filing the complaint explained by stating that she was expecting the applicant to marry her and hence kept quiet about the same.

The learned APP then submits that the applicant had cheated various other women. The applicant has used multiple identities and different mobile numbers. The number almost sums up to a total of 14. 

The Applicant’s submission

The applicant is currently posted in the Kamptee Cantonment, Nagpur. He has been serving the Indian Army since June 2012. The fact that he is in the Army, guarantees his discipline and underlines the fact that he is a law abider. The learned counsel submits that this gives sufficient guarantee that he would co-operate completely with the Investigating Agency.

The Whatsapp chats were placed on record and it revealed that both, the complainant and the applicant, were desirous of getting married, at a point of time. But it was due to reasons very personal to them that they drifted apart. The fact that the complaint has been filed after two years of the said rape itself creates many questions.

The Court’s observation

Justice Bharati Dangre observed that both of them were “desirous of getting married and both of them invested in the relationship.” The court also observed the fact that since he was working in a responsible post, and so it was unlikely of him to flee.

The Judgement

The High court heard this matter on 14th August and allowed the complainant to be impeached and postponed the hearing to September 21. A pre-arrest bail was granted to the Army officer. The High Court also mentioned that if arrested, he would be released on a PR bond of Rs 25000.


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