Rape FIR was a result of ‘emotional aftermath’: Allahabad HC gives bail to accused

PRAYAGRAJ: The Allahabad HC has granted bail to a 42-year-old man accused of rape by a 25-year-old woman, noting that the FIR was lodged after delay of several months and seemed to arise more from the ‘emotional aftermath' of their failed relationship rather than from any bona fide grievance of criminal wrongdoing, reports Rajesh Kumar Pandey.
The court in its April 9 order expressed concern over an emerging trend where failed intimate relations are increasingly resulting in criminal proceedings. The single bench of Justice Krishan Pahal observed: "This case is reflective of a broader societal shift, where sanctity and solemnity once associated with intimate relations have seen a decline."
The bench added: "The prevalence of transient and uncommitted relationships, often formed and dissolved at will, raises critical questions about individual responsibility and the misuse of legal provisions, especially when such relationships turn sour"
Justice Pahal, while granting bail to the accused, observed that the woman despite being aware of the accused's marital status — that he had been married thrice before — chose to establish a corporeal relationship with him.
The bench said that in a growing trend ‘personal fallouts' and ‘emotional discord' are being given a criminal colour, through the invocation of penal laws, particularly in the aftermath of "failed intimate relationships".
Mishra's counsel argued that the FIR was delayed by six months and that the woman was in a consensual relationship with the applicant and that she willingly travelled with him to many places and stayed in hotels with him during the period he allegedly committed the crime.
While granting the bail, the court emphasised that "not all socially or ethically questionable actions warrant legal intervention".