Heavy Costs Should Be Imposed On Individuals Who Waste Time Of Investigating Authority As Well As Court: Bombay HC While Granting Bail To 'Rape Accused'

The Bombay High Court has highlighted the need for a stringent mechanism to impose substantial costs on individuals who misuse investigative agencies' and courts' time by filing rape cases that are later resolved through consent for bail or case quashing.

In an order dated June 14, the Single-Judge Bench of Justice Manish Pitale expressed his concern, stating, "This Court is of the opinion that in such cases a robust mechanism ought to be developed for imposing heavy costs on such individuals who end up wasting the time of the Investigating Authority as well as the Court. In an appropriate case, this Court shall proceed to pass such an order."

The Court emphasized the detrimental impact of such cases on both investigative agencies and the judiciary, noting, "…in urban areas like the city of Mumbai, very often such cases are before the Court where a relationship having gone wrong between two adult individuals, results in initiation of criminal proceedings."

"The valuable time of the Police, which can be otherwise utilized in investigating serious offences, is wasted in carrying out investigation in such cases. With passage of time, the alleged victim and the accused come together, having resolved their differences and then the victim gives consent for grant of bail and even for quashing of such proceedings. This results in valuable time of the Court also being wasted," it added. 

Highlighting the specific case before the court, a Single Judge Bench was considering a bail application filed by an accused arrested on November 2, 2023, in a rape case. The victim initially alleged that the accused had forced her to consume alcohol and engaged in physical relations against her will. Furthermore, she accused him of leaking her contact information on social media, leading to harassment.

However, during the Court proceedings, the victim submitted an affidavit stating that she had been in a relationship with the accused, they had resolved their differences, and she did not object to his bail.

The Bench acknowledged the seriousness of the allegations and the available evidence against the accused but ultimately decided to grant bail based on the victim's consent affidavit.

Consequently, the Court ordered, "The applicant shall be released on bail in connection with FIR No.0728 of 2023, dated 1st November 2023, registered with Kashimira Police Station, Mira-Bhayander, Vasai-Virar, on furnishing P.R. Bond of Rs.50,000/- and one or two sureties in the like amount."

Cause Title: Saket Abhiraj Jha v. The State of Maharashtra & Anr. [Neutral Citation: 2024:BHC-AS:23410]

Appearance:-

Applicant: Advocate Jyotiram S. Yadav

Respondent: Advocates Tanveer Khan (APP), Mamta Hasrajani

Click here to read/download the Order