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Anticipatory bail has been granted to AlokNath by the Dindoshi Sessions Court. It was observed that Vinta Nanda, writer and actor by profession might have taken the decision of delaying the filing of rape complaint and it was anticipated that she might have done the same for her own benefit.Additional Sessions Judge SS Oza has mentioned in his order that the complainant could not recall the exact month and the date of the incident which also catered to the fact that there was variance in the complaint filed.
It was duly noted that "In view of all these facts the possibility cannot be ruled out that the applicant has falsely been enropedin the crime.”
However, the court said that-
"If there is a delay in lodging the FIR, it loses the advantage of spontaneity, danger creeps in of the introduction of coloured version, exaggerated account or concocted story as a result of large number of consultations/deliberations. Undoubtedly, the promptness in lodging the FIR is an assurance regarding truth of the informant's version. A promptly lodged FIR reflects the firsthand account of what has actually happened, and who was responsible for the offence in question."
The case against AlokNath was registered by the Mumbai Police on 21st November 2018 in lieu of the complaint duly filed by VintaNanda who had alleged that she was raped by Nath approximately two decades ago. Nanda also caters to the fact that she was not vocal about the incident at that time and did not file a complaint at the spurt of the moment. It was with the onset of the #Me Too campaign she went public about the sexual harassment and the ordeals faced by her. However, on the contrary Nath had alleged Nanda for defaming him and it was mentioned that the complaint was "inspired by the unrequited and unreciprocated love and affection that she had for him".
The court had also catered to the notion of delayed filing of the FIR, it was mentioned that sinceAlokNath was an eminent name in the arena of film industry and that she did not have substantive evidence to prove her voice without which nobody would believe her.
The Court had mentioned that there was a possibility to entertain that the allegations made by the complainant were false. Hence, the court had ordered anticipatory bail to Nath.
"It is to be noted that incident took place at the house of complainant, therefore no possibility to destroy the evidence. Now the applicant and complainant both are married, therefore no useful purpose would be serve by medical examination. Therefore, the medical examination of the applicant is nothing but mere formality. No custodial interrogation is required in the matter. Hence, I proceed to pass the following order."
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