Court grants bail to retired colonel accused of rape, says relation was consensual

New Delhi [India], May 20 (ANI): Delhi's Patiala House Court on Tuesday granted bail to a retired colonel accused of raping a woman on the pretext of marriage. He has been in a relationship since 2018 with the woman who has been separated from her husband since 2016.
The court said that the accused and the woman were in a consensual relationship for the last six years.
The accused has been in custody since March 18, 2025. An FIR has been lodged at Vasant Vihar Police Station.
While granting bail, the court considered the fact that the accused and prosecutrix were in a relationship for six years. This prolonged relationship cannot be based on the pretext of marriage when both were married, and she knew that the accused could not marry her. She has also not been granted a divorce from her husband.
Additional Sessions Judge Pawan Kumar granted bail to the accused on furnishing a bail bond of Rs. 50000 and one surety bond in the like amount.
While granting bail to accused, the court noted that the accused and the prosecutrix both were already married and not legally divorced at the relevant point of time, when they entered into the relationship.
The court further noted that they had been in a consensual sexual relationship for more than six years. Both are mature adults and have been in extra extramarital relationship.
"The prolonged relationship of around more than six years may lead to the inference that the consent for the sexual relation may be given out of deep-seated love and affection and not solely for the promise of marriage," ASJ Pawan Kumar said.
The court also considered the fact that the accused is a retired army personnel. He has no apparent control over the prosecutrix.
The material part of the investigation has been complete and the chargesheet has been filed. The trial is at nascent stage, and may take considerable time to conclude, the court said.
Advocate R S Malik and Savita Tokas appeared for the accused. They argued that the accused had been falsely implicated in this case as he had been in a consensual extramarital relationship with the prosecutrix.
It was also argued that two major married adults were in a consensual relationship for six years. They both were married, therefore there can't be misconceptions of pretext of marriage.
On the other hand, the bail plea was opposed by the public prosecutor and counsel for the complainant on the ground that the accused misused the vulnerable condition of the prosecutrix, as she was living separately from her husband since 2016. The accused used to physically and financially abuse her by emotionally blackmailing her. (ANI)