Pre-Arrest Bail in Mumbai Live-In Rape Case

A Mumbai court recently granted pre-arrest bail to a man accused of raping his live-in partner, citing a Memorandum of Understanding (MOU) between the two. The MOU, presented by the accused, claimed that the couple had entered a contractual live-in relationship for 11 months, from August 1, 2024, to June 30, 2025. However, the woman denied signing the document.

The case began when the 30-year-old woman, a divorcee, met the accused on October 6, 2023. She claimed that the man proposed marriage to her but later discovered that he was involved with another woman. The woman alleged that the accused blackmailed her with obscene videos and insisted on continuing their relationship. She also stated that she became pregnant, but the accused forced her to take abortion pills. She later found out that the accused was already married.

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The complaint, filed on August 23, 2024, accused the man of repeatedly raping her under the false promise of marriage. During the court proceedings, the prosecution argued that the accused’s mobile phone needed to be seized and expressed concerns that he could tamper with evidence. The complainant also appeared before the court, stating that the accused had threatened to take her son and continued to harass her despite her moving locations.

On the other hand, the accused’s lawyer, Sunil Pandey, argued that the relationship was consensual, citing the MOU as evidence. He contended that the rape charges were baseless. Judge Shayana Patil, after reviewing the evidence and statements, noted that the relationship appeared consensual initially and pointed out the delay in filing the FIR.

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Judge Patil observed that the MOU was merely a xerox copy with a notary stamp, lacking concrete evidence of its authenticity. The judge concluded that it seemed to be a case of a consensual relationship that soured over time, leading to the complaint. Given the nature of the accusations, the court ruled that custodial interrogation was unnecessary, granting pre-arrest bail to the accused and instructing him to cooperate with the ongoing investigation.

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