The Allahabad High Court on Thursday (April 17) has expressed concern over an emerging trend of 'failed intimate relationships' increasingly resulting in 'criminal proceedings' in India. 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 'corporeal relationship' with him.
The court granted bail to Arun Mishra, a 42-year-old married man accused of rape by a 25-year-old woman, noting that the First Information Report (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 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 ladies, is a 'casanova' and is used to luring different women into 'consensual relationships'.
Societal shift where sanctity seen marked decline
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.