NEW DELHI: The Allahabad high court while granting bail to a 42-year-old man accused of rape by a 25-year-old woman, expressed concern over growing trend of failed intimate relationships turning into criminal cases.
While granting bail to Arun Kumar Mishra, justice Krishan Pahal observed that the woman entered into a physical relationship with the accused despite being aware that he had been married three times before.
He also noted that the FIR in the case was filed six months after the alleged incident took place. He said that the move appeared to be driven more by the "emotional aftermath" of a failed relationship than any criminal wrongdoing.
The applicant's counsel argued that the relationship between Mishra and the woman was consensual, citing that they had travelled together and stayed in hotels. The delay in filing the FIR, the counsel said, indicated that the case stemmed from a personal fallout rather than a genuine grievance.
In contrast, the complainant's counsel described Mishra as a Casanova who regularly lured women into relationships, despite being married multiple times.
Highlighting a broader societal issue, the court remarked, "This case is reflective of a broader societal shift, where the sanctity and solemnity once associated with intimate relationships have seen a marked decline. The prevalence of transient and uncommitted relationships, often formed and dissolved at will, raises critical questions about individual responsibility and the misuse of legal provisions especially when such relationships turn sour." It cautioned against the misuse of penal laws in the aftermath of emotional discord .
The court said that "personal fallouts" and "emotional discord" are being given a criminal colour, particularly in the aftermath of "failed intimate relationships".
After reviewing the facts, the delay in filing the complaint, the court granted bail to Mishra.
While granting bail to Arun Kumar Mishra, justice Krishan Pahal observed that the woman entered into a physical relationship with the accused despite being aware that he had been married three times before.
He also noted that the FIR in the case was filed six months after the alleged incident took place. He said that the move appeared to be driven more by the "emotional aftermath" of a failed relationship than any criminal wrongdoing.
The applicant's counsel argued that the relationship between Mishra and the woman was consensual, citing that they had travelled together and stayed in hotels. The delay in filing the FIR, the counsel said, indicated that the case stemmed from a personal fallout rather than a genuine grievance.
In contrast, the complainant's counsel described Mishra as a Casanova who regularly lured women into relationships, despite being married multiple times.
Highlighting a broader societal issue, the court remarked, "This case is reflective of a broader societal shift, where the sanctity and solemnity once associated with intimate relationships have seen a marked decline. The prevalence of transient and uncommitted relationships, often formed and dissolved at will, raises critical questions about individual responsibility and the misuse of legal provisions especially when such relationships turn sour." It cautioned against the misuse of penal laws in the aftermath of emotional discord .
The court said that "personal fallouts" and "emotional discord" are being given a criminal colour, particularly in the aftermath of "failed intimate relationships".
After reviewing the facts, the delay in filing the complaint, the court granted bail to Mishra.
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