Sexual relationship ‘consensual’, court grants bail to 27-year-old in rape case

Gurgaon: A city court on Monday granted bail to 27-year-old man accused of rape as the survivor admitted that they had sexual relationship on a “consensual basis”. The court observed that the initial complaint had no rape allegation. He was in judicial custody for around five months.Manuj Mishra (27) from Rota in UP’s Badaun was arrested in November 2023 on rape charge. In November, the woman filed a police complaint, alleging Mishra harassed her saying he loved her and would die by suicide if she refused to meet him. Mishra, according to the complainant, forced her to visit his house in Badaun and stay with him in October. After she returned to the city, she alleged, the accused threatened to make personal pictures public.Later, the woman also alleged she was stalked, threatened with dire consequences and raped on several occasions. A case was registered under IPC sections 376(2)(n) (physical relationship with promise to marry), 354D (stalking) and 506 (criminal intimidation) at Sector 14 police station in November 2023. He was then arrested and sent to judicial custody.Manish Shandilya, counsel for the accused, said the rape allegation was levelled by the complainant under pressure from the police and her family members. “There were several discrepancies and contradictions in the version of the complainant… Initially, there was no allegation of rape in the complaint. Later, she added the rape charge after being pressured by the police and her family members,” said Shandilya, adding that it was revealed during the cross examination that the complainant had voluntarily visited the accused’s house and stayed with him and his parents. The complainant admitted that the entire relationship between them was “consensual”.Public prosecutor Deepali Chalotra argued that considering the seriousness of the allegation, Mishra is not entitled to secure bail.Additional sessions judge Rahul Bishnoi in his March 15 order observed that the initial complaint didn’t have sexual assault and rape charges mentioned in it, which was admitted by the woman. The complainant also told the court that she willfully stayed at the accused’s house.“In these circumstances, it would be disputable as to whether the accused forced himself upon the woman and it can only be adjudicated after looking into the entire evidence of the prosecution. The accused has not threatened any witness after registration of the FIR, and he has no previous criminal history. Hence, further custody of the accused is not required,” the court said.The court further deemed it appropriate to grant the concession of bail to the accused on a bond of Rs 1 lakh.
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