Prima Facie WhatsApp Chats Show That Intercourse May Have Been Consensual: Bombay HC Grants Bail In Rape Case

The Bombay High Court has granted bail to a 22-year-old student accused under Section 376 of the Indian Penal Code (IPC).

Based on the Complainant's statement and their WhatsApp chats, the Court noted a prima facie opinion that the sexual intercourse could have been consensual. The Court also noted that the Applicant has been in custody for over one year and four months and has no prior criminal antecedents.

The Bench of Justice M. S. Karnik observed, “On a perusal of the statement of the victim, the possibility of physical relationship being consensual cannot be ruled out. Further, it is the victim’s friend in whom she confided, informed the incident to the victim’s earlier friend with whom she had broken up and it is as per his advice that the FIR came to be filed by the victim. I have also perused the whats-app chats between the applicant and the victim which makes me form a prima facie opinion that the act complained may be consensual”.

“The applicant was arrested on 08.04.2022. He is in custody for more than 1 year and 4 months. The investigation is complete. The chargesheet has been filed. The trial is likely to take long time to conclude. There are no criminal antecedents reported against the applicant. The applicant is 22 years of age. The applicant is a student. The applicant can be released on bail”, the Court held.

Advocate Pankaj D. Purway appeared for the Applicant and Additional Public Prosecutor Rutuja Ambekar appeared for the Respondent.

A bail application was filed concerning a case registered under Section 376 of the Indian IPC. The Complainant was in a relationship with the Applicant's friend, but they broke up. Thereafter, the Complainant started talking to the Applicant, who allegedly tried to reconcile the Complainant's relationship with their friend.

On April 6, 2022, the Applicant asked the Complainant to meet at Greenwood Lodge in Powai, where they allegedly committed the offence of rape under the aforementioned provisions.

Accordingly, the Court allowed the Application and granted bail.

Cause Title: Avinash Subhash Kamble v The State of Maharashtra

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