While we are on the debate of #MaritalRape and how the burden of proof will be on accused husband to prove himself innocent, Additional sessions judge PF Sayyad in Nagpur last week allowed the anticipatory bail plea of a man booked for rape after he submitted medical reports that he suffers from erectile dysfunction.
All these cases are critical for social media warriors to understand how judiciary works in India, what are the timelines in each case and how almost every false accuser goes unpunished. Unless these issues are addressed, bringing in additional biased laws is only going to make lives of men and their families hopeless.
Pradeep Makhijani, a psychologist, in Nagpur was booked for rape following a complaint from the woman who worked as his domestic help last year. She had joined as a housekeeper and help in September last year with Makhijani.
In her complaint, she claimed to have been sexually exploited by Makhijani in October last year, after which she left work the following month. She also claimed Makhijani did not clear her dues.
The court, considering pathological and clinical reports of high diabetes and erectile dysfunction (ED) among other grounds, granted the pre-arrest relief to the applicant. He apprehended arrest in a rape case registered against him on the complaint of a 31-year-old woman at Jaripatka police station in December.
The applicant, through counsel Jitesh Duhilani, had earlier argued before the court that he suffered from ED since 2019, rendering him impotent.
The court, while granting the confirmed anticipatory bail, has ordered the applicant to furnish personal and surety bonds of Rs 25,000 along with one solvent surety of equal amount. The applicant was also urged to attend the police station on every Thursday till filing of the chargesheet, reported TOI.
The court granted Makhijani bail considering his undertaking to hand over his mobile phone to the investigating officer, and also attend medical examination scheduled for him by the police during the probe. He was also routinely urged to refrain from inducing fear in the complainant or influence any witnesses.
Additional public prosecutor AM Mahurkar had earlier argued that the investigation process was still underway and the mobile phone of the accused was required to be recovered from him. Defense counsel Duhilani had contended that the arrest would lead to all sorts of inconveniences to the applicant despite being an innocent.
The court, while granting the bail, also observed that custodial interrogation of the applicant was not required and that the investigating agency had got sufficient time to probe the matter.
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