Live-in ‘agreement’ helps Mumbai man get pre-arrest bail in rape case

A copy of the said live-in relationship agreement was also presented before the court.

A Mumbai sessions court has granted anticipatory bail to a man accused of rape, following a hearing in which the accused presented evidence of a consensual relationship with the complainant. The case, registered with the Colaba police station, involved allegations of sexual assault, but the court's decision hinged on a notarized agreement that outlined the terms of a live-in relationship between the two parties.

The accused produced an agreement between him and the victim claiming it was a consensual relationship. (HT file) (Getty Images/ only for representation)

During the hearing, the accused provided the court with a copy of a notarized agreement, claiming that the relationship was consensual and that both parties had agreed to live together for a period of 11 months. The agreement, dated August 1, 2024, to June 30, 2025, included seven points that the accused argued demonstrated mutual consent.

One of the key clauses stated that the relationship was consensual and that the complainant would not make any allegations of sexual misconduct without consent.

However, the complainant disputed the authenticity of the agreement, saying she had not signed it. Despite her denial, the court considered the document as evidence during the proceedings.

In its detailed order, the court observed that there was no indication of force or coercion in the initial stages of the relationship, as outlined in the First Information Report (FIR).

The court said, "Apart from any document produced by the applicant/accused, it is prima facie a consensual relationship whereas any aspect of force is not made out even in the FIR at the initial stage of the relationship between the parties."

The court highlighted the delay in filing the FIR as another factor in its decision, noting that the relationship allegedly began in October 2023, yet no complaint was made until much later.

"Considering the nature of the offence and accusations, the applicant, accused would not be required for any custodial interrogation. The allegations about any obscene videos of the complainant are not specific. Moreover, the accused can be asked to cooperate in the investigation of such aspects. Considering the nature of the offence and the accusations, the applicant is required to be protected from arrest," the court observed.

The court granted the accused anticipatory bail, setting the bail amount at ₹25,000 with a solvent surety of the same amount.

The advocate representing the accused welcomed the court's decision, arguing that the case was part of a pattern of behaviour by the complainant.

"We have brought everything to the notice of the honourable session court, and considering all the facts of this case, the court has allowed the anticipatory bail," the lawyer said.

The lawyer also claimed that the complainant had a history of entering consensual relationships and later accusing her partners of rape.

"She also claimed that it's not her signature on the agreement of live in relationship, but we have proved in the court that it's her signature. She had also alleged that my client harassed her but the court did not accept her argument because my client is a resident of Colaba and she resides in Dombivli so the court observed that it is not possible that, he can harass her, and that is why the court has allowed anticipatory bail for my client," said the advocate.

With ANI inputs