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The Bombay HC on Wednesday granted bail to a man who was accused of raping a 24-year-old girl, who befriended her on Facebook.
An FIR under Section 376(2)(N) of the Indian Penal Code was registered against him has been invoked and applied against him and he has been charge-sheeted. He came to be arrested on 20/03/2020 and since then he is incarcerated.
A Girl aged 24 years, lodged a complaint to the effect that in January 2019, she came to be in touch with the Applicant via Facebook Account and she uploaded her mobile number on the Facebook Account.
The Applicant has contacted her and there used to be frequent telephonic conversations between the duo. In the year 2019, she had been to Uttar Pradesh which happened to be her native place and the Applicant also visited there. The case of the prosecutrix is to the effect that she has divulged to the Applicant that she had married to one person and he has divorced her.
The complainant alleged that proximity developed between them as a result they got into a physical relationship. Moreover, It was even stated by the applicant about the repeated physical indulgence of the prosecutrix at the instance of the Applicant and they even exchanged some money. A fight arose between the two and therefore she filed an FIR, the FIR contains the details of the same.
“Prima facie reading of the complaint does not make out a case of sexual indulgence without her consent or against her will but points out a consensual act. The Applicant is arrested since March 2019. In the backdrop of the false allegations in the complaint, when prima facie no case of forcible sexual act is made out, he is entitled to be set on bail”
-Counsel on behalf of the Applicant.
The bail application was allowed by the court on executing P.R. bond to the extent of Rs.20,000/- and furnishing one or two sureties of the like amount.
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