A division bench of Justices Indrajit Mahanty and A.M. Badar granted anticipatory bail to Amit Shelar, a sub-inspector.
Mumbai: The Bombay high court has granted pre-arrest bail to a sub-inspector booked for raping a woman police constable attached to the Navi Mumbai crime branch in November 2018.
The court has granted bail to the accused, observing that prima facie it seems a consensual act.
A division bench of Justices Indrajit Mahanty and A.M. Badar granted anticipatory bail to Amit Shelar, a sub-inspector attached to the Navi Mumbai police’s crime branch. He had filed for pre-arrest bail through advocate Tanveer Nizam, contending that the allegations against him were false.
While granting bail to Shelar, the bench observed, “The first informant is serving as a police constable in the police department. She happens to be an adult married woman having a son. Her age which is 31 years is relevant at this juncture. If these facts stated in the FIR are considered in the light of several text messages exchanged between the parties, prima facie, we are of the opinion that the case in hand is a case of consent.”
The bench further observed, “This is a case of a married woman of 31 years of age, indulging in sexual relations with her colleague on several occasions at the lodge, hotels, rooms and house of the appellant, without disclosing the said fact either to her husband or to the police, though she was having tons of opportunities to do so. On the contrary, messages exchanged between the parties indicate that lastly, the first informant (complainant) suspected that her husband is monitoring her mobile and ultimately, on November 16, 2018, the FIR came to be lodged.”
“This was a false FIR and the investigations were unnecessary and clearly motivated. The high court has held that this is a consensual relationship and charges of rape are not applicable. This brings relief to Shelar,” said advocate Nizam.
In November 2018, the woman, a constable attached to the Navi Mumbai police’s crime branch, lodged a complaint that Shelar raped her in March last year after spiking her cold drink.