17 July 2025 Bail and Antcipatory Bail >> Criminal Law  

The Bombay High Court has granted regular bail to Durgesh Kumar, who was accused in an FIR alleging offenses under Sections 328 (causing hurt by means of poison), 376 (rape), and 506 (criminal intimidation) of the Indian Penal Code. The court's decision highlighted the consensual nature of the relationship between the applicant and the complainant, a delay in filing the FIR, and the complainant's alleged pattern of similar complaints against other individuals.

Durgesh Kumar was in custody since April 11, 2025, in connection with an FIR registered on April 4, 2025. The complainant, an advocate by profession, alleged that she met Durgesh through Instagram in November 2022. While initially friends, their relationship progressed to physical intimacy. The complainant claimed that in September 2023, Durgesh intoxicated and raped her, also capturing objectionable photos and videos, and continued sexual relations under the false promise of marriage. She also alleged he forced her to have two abortions.

Durgesh's defense contended that the relationship was consensual from the outset, based on love and affection, not solely a promise of marriage. He argued that the complainant, being a well-educated advocate, was not easily susceptible to deceit. He also pointed out that the complainant had filed the FIR more than two years after the alleged initial incident of rape, which he suggested was an afterthought.

A significant development in the case was that Durgesh was granted interim bail from May 17, 2025, to June 5, 2025, for the purpose of marrying the complainant, following a joint undertaking from his parents. However, the complainant later informed Durgesh's brother that she had no intention of marrying him.

Furthermore, Durgesh's counsel brought to the court's attention another FIR (No. 245/2024) filed by the same complainant against other men on similar grounds in Dehradun, suggesting a "modus operandi" to falsely implicate individuals. The status report filed by the state confirmed Durgesh's arrest and the ongoing investigation, also noting his previous involvement in an Arms Act case in Dehradun.

The High Court, after reviewing the submissions and record, acknowledged the complainant's allegations but also considered the nature of the relationship. It referred to Supreme Court judgments, including Dhruvaram Murlidhar Sonar v. State of Maharashtra (2019) and Uday v. State of Karnataka (2003), which differentiate between consensual sex and rape based on a false promise of marriage. These judgments emphasize that for rape to be constituted on the pretext of marriage, the promise must have been false from the very beginning with an intention to deceive.

Considering that Durgesh has been in judicial custody since April 11, 2025, and the chargesheet has already been filed, the court determined that no useful purpose would be served by keeping him incarcerated for an inordinately long time, especially as the veracity of the allegations would be tested during the trial.

Accordingly, Durgesh Kumar was granted regular bail subject to furnishing a personal bond of Rs. 35,000/- and one surety of the like amount, along with standard conditions to ensure his cooperation with the legal process.

Section 328., Indian Penal Code - 1860  

Section 376., Indian Penal Code - 1860  

Section 506., Indian Penal Code - 1860  

Indian Penal Code, 1860