The Allahabad High Court has expressed concern over an emerging trend of failed intimate relationships increasingly resulting in criminal proceedings.
Justice Krishan Pahal, while allowing the bail application of one Arun Kumar Mishra, observed that the woman, with full and conscious knowledge of the applicant's marital history - that he had earlier been married three times - chose to establish a relationship with him.
The court granted bail to Mishra, a 42-year-old married man accused of rape by a 25-year-old woman, noting that the FIR was lodged after a delay of several months and seemed to arise more from the "emotional aftermath" of their failed relationship rather than from any bona fide grievance of criminal wrongdoing.
The applicant's counsel submitted that the FIR was delayed by six months and that the victim was in a consensual relationship with the applicant. The counsel further submitted that the victim willingly travelled with him to many places and stayed in hotels with him during the period he allegedly committed the crime.
On the other hand, the informant's counsel submitted that the applicant was already married to three other women, is a "casanova" and is used to luring different women into consensual relationships.
The court observed, "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."
The bench added that it is increasingly being observed that "personal fallouts" and "emotional discord" are being given a criminal colour through the invocation of penal laws, particularly in the aftermath of "failed intimate relationships".
After considering the facts and circumstances of the case, the delay in filing the FIR, submissions made by counsel for the parties, the evidence on record and the victim being a well-qualified lady, the court granted bail to the applicant.
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