"Relationship was consensual": Bombay High Court grants bail to rape accused subject to condition that he marries survivor

The Bombay High Court recently granted bail to a man accused in a rape case subject to the condition that he marries the survivor, currently untraceable, if she is located within a year [Chetan Chandrakant Tambatkar v. State of Maharashtra & Anr.]..The accused assured the Court through an affidavit filed earlier this year that he was willing to solemnize marriage and accept paternity of the child. However, the public prosecutor informed the Court that the girl was untraceable and the child who had been admitted to child care centre, had already been given in adoption.After noting that the victim was a major at the time when the crime was reported and the sexual relationship was consensual, single-judge Justice Bharati Dangre deemed it fit to release the applicant on bail on a condition that if within a year the victim is found, the accused will marry her.The judge, however, clarified that the man would not be bound by his statement after completion of one year. "In such circumstances when the incident was reported, the victim girl was major and she has already stated that the relationship was consensual and though a specific statement was made on behalf of the applicant and his family that they are ready to solemnize the marriage, the victim is not traceable, in above circumstances, I deem it appropriate to release the applicant on bail subject to compliance that if the victim girl is traced within a short while and say in a period of one year, he shall solemnize marriage with her, but he shall not be bound by the statement beyond one year," the order said..The Court noted from the complaint that the accused and the victim got acquainted in 2018 and started a relationship. They decided to get married and members of both families also agreed. In October 2019, she discovered that she was 6 months pregnant. After informing the man, he allegedly avoided to establish contact and refused to marry her. She then filed a complaint accusing the man of rape and cheating. With the applicant not responding, the victim delivered a child away from home and dropped off the child in some other person's premises. Someone from there then admitted the child in care centre.Subsequently, a case was registered against her for abandoning the child, which could be the possible reason she was fleeing from justice, the Court opined..The Court directed that accused be released on bail upon furnishing bail bond of ₹25,000.[Read Order]