Gujarat court grants bail to businessman accused by live-in partner of rape

While granting regular bail to the accused man, the court considered the argument of the defence lawyer that the victim and the man were in a “consensual” relationship and had even signed two notarised agreements of their live-in arrangement. The defence lawyer argued before the court that the complaint was a “designed plot against” the man, who has “no knowledge regarding the said offence”. The defence lawyers placed on record two agreements signed between the victim and the man on August 10, 2022 and December 30, 2022, stating that the man would marry the victim within six months. However, later, the man refused to marry the victim, as per the FIR.

The defence also argued that while the alleged incident began on June 26, 2022, the FIR was filed on May 9, 2025, with “no satisfactory reason given for filing late FIR”. The Investigating Officer in the case filed an “opinion” that the accused man had allegedly forged sexual relations with the victim under the guise of marriage and also forced her to abort three pregnancies against her will.

The court order also noted that the investigating officer had informed that more evidence had come on record pertaining to prior marriage of the accused man and a criminal complaint against him by his first wife. The investigating officer also expressed an opinion that if granted bail, “there are all chances that the accused man will tamper with the prosecution evidence”. The original complainant also raised an objection against the bail plea through her advocate.

The court said that, “It is alleged that applicant and complainant were living in live-in-relationship and under the disguise of marriage, applicant had established physical relation with the complainant and due to that, complainant had become pregnant three to four times but after three years of live-in relationship, the applicant had refused to marry with her… without leading of evidence, the contents (of the FIR) are correct or not cannot be decided and so considering the circumstances of the present case, the charges leveled against the applicant, in my view there is a prima facie case to allow the said application and release him on bail…”

The court order also said that “the victim is major and whatever allegations have been made by the Prosecution against the present applicant are all matter of evidence and the investigation”.