Court denies bail to rape accused, cites threat to survivor and unborn child
A court in Maharashtra's Thane district has denied bail to a man accused of raping a woman on the false promise of marriage, observing that
A court in Maharashtra's Thane district has denied bail to a man accused of raping a woman on the false promise of marriage, observing that his release could endanger both the survivor and her unborn child. In its July 7 order, received on Thursday, the court said the possibility of the accused harming the woman or forcing her to terminate the pregnancy could not be ruled out if he was granted bail. Read Full Story The accused, Shubham Bhagwan Shinde, is charged with sexually assaulting the woman after assuring her of marriage, impregnating her and later threatening her.
According to the prosecution, the two became acquainted in December last year, and within weeks Shinde invited her to his house, where he established physical relations with her on the pretext of marriage. After she became pregnant and started living with him, he avoided marrying her and threatened to commit suicide whenever she raised the issue. Additional Public Prosecutor Manisha Pawse opposed the bail plea, arguing that Shinde deceived the woman, abandoned her after she became pregnant and posed a threat to her safety. The complainant also opposed the application, claiming that Shinde's relatives subjected her to casteist abuse and threatened to harm her.
Defence counsel Yasin Nabi argued that the case stemmed from a failed romantic relationship and produced photographs to show the two shared an intimate relationship. He also submitted that the investigation had been completed and the chargesheet filed. However, the court noted that the defence had not placed the chargesheet on record for verification and said the photographs did not support the bail plea, particularly as the woman herself had described their relationship as friendly. Rejecting the application, Additional Sessions Judge V G Mohite observed that the accused had remained silent on the complainant's pregnancy in both his bail plea and oral submissions.
"If he is released on bail, then the possibility of causing injury or death to the prosecutrix or her fetus by him cannot be ruled out. Moreover, he may force her to abort the pregnancy," the court said while refusing regular bail. Ends
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