The Bombay High Court recently granted bail to a 22-year-old college student, who was arrested by the Mumbai Police for sexually assaulting a woman, observing that the FIR was lodged by the victim on the advice of her ex-boyfriend.

On August 22, Justice Makarand S Karnik was hearing a bail plea of a student booked for sexually assaulting the woman. According to the FIR registered in April 2022, the woman was in a relationship with the applicant’s friend and later broke up with him.

After her break up, she started conversing with the applicant, who tried to patch her up with her ex-boyfriend. As per the FIR of the woman, the applicant told the woman to come to a lodge, where he allegedly sexually assaulted her.

Advocate Pankaj D Purway, representing the student, submitted that the FIR was lodged two days after the alleged incident. The bench said the delay in lodging the FIR itself cannot be a factor which will entitle the applicant to be released on bail.

The Mumbai Police opposed the bail application and submitted that the material on record indicated that the accused took disadvantage of the break-up and thereby committed an act which was “serious in nature.”

After perusing the woman’s statement, the bench observed “the possibility of physical relationship being consensual cannot be ruled out.”

After going through the WhatsApp chats between the victim and applicant, Justice Karnik said the same made him form a “prima facie opinion that the act complained may be consensual.”

The bench also observed that the applicant is in custody for more than a year and four months, since the case was registered in April 2022, and that the investigation was complete and chargesheet has been filed.

“The applicant is 22 years of age. He is a student and can be released on bail,” the bench said. The bench said and directed him to furnish a personal bond of Rs. 25,000 and sureties of the same amount.