Allahabad HC grants bail to a rape accused, says law being misused after ‘failed relationships’

The Allahabad high court granted bail to a 42-year-old married man accused of rape by a 25-year-old woman, noting that the FIR was lodged after 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 court also expressed concern over an emerging trend where failed intimate relationships are increasingly resulting in criminal proceedings.

“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,” Justice Krishan Pahal observed in his order dated April 9, 2025 that came into public domain on April 17 (Thursday).

Justice 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 been married thrice before, chose to establish a corporeal relationship with him.

The applicant’s counsel argued that the FIR was delayed by 5 months and that the victim was in a consensual relationship with the applicant and that she 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 argued that the applicant was already married to three other ladies and used to lure different women into consensual relationships.

Considering the facts and circumstances of the case, submissions made by counsel for the parties, the evidence on record, the FIR was delayed by about five months, and the victim being a well-qualified lady, the court granted him bail.

The bench said 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”.

Against this backdrop, the court granted bail to the applicant accused, emphasising that “not all socially or ethically questionable actions warrant legal intervention.”