The Dindoshi sessions court said actor Alok Nath may have been falsely implicated and that writer-director Vinta Nanda may have delayed filing a complaint of rape for “her own benefit”. Nath, 62, was granted anticipatory bail on Saturday in the ongoing case.

In an order dated January 5, judge SS Oza noted that the complainant “remember(ed) the entire incident but she did not remember the date and month of incident. In view of all these facts, the possibility cannot be ruled out that (Nath) has falsely been enroped in the crime”.

While acknowledging a first information report (FIR) is “vital and valuable”, the court noted that “promptness in lodging the FIR is an assurance regarding truth of informant’s version”.

“If there is a delay in lodging the FIR, it loses the advantage of spontaneity, danger creeps in of the introduction of coloured version, exaggerated account or concocted story as a result of large number of consultations/deliberation (sic),” said the court order. FIRs are filed by the police after investigations into complaints deliver enough evidence to charge an accused.

Watch: Tanushree gave me courage to speak about assault: Vinta Nanda

On November 21, 2018, the Mumbai Police charged Nath with rape, based on a complaint filed by Nanda who has alleged Nath raped her 20 years ago. Nanda has said she had not filed a complaint in 1998 because she’d been advised against doing so since Nath was a more powerful figure than Nanda in show business.

Judge SS Oza observed, “(Nanda) remembers the entire incident, but she does not remember the date and month of incident. In view of all these facts, the possibility cannot be ruled out that (Nath) has falsely been roped in the crime.”

He also held that Nath had not threatened her against reporting him. “Thus, it reveals that applicant did not lodge the report immediately after alleged incident of her own benefit,” reads the order. It should be noted that though the order refers to Nanda as the applicant, Nath was the applicant since he had filed a plea for bail.

The prosecution had submitted that Nath and Nanda worked together on the television serial ‘Tara’ during which Nath would come for shootings “in a drunken state”. On one occasion, Nath abused the lead actress of the show.

After Nanda removed him from the serial, “he (Nath) started harassing her by coming to her house” while “under the influence of liquor”, said the prosecution. Nanda has alleged Nath raped her in 1998, after bringing her home from a party he’d organised.

Nath’s legal counsel said Nanda’s complaint was “inspired by the complainant’s personal vendetta towards him.” Another possibility, according to Nath’s lawyers, was that Nanda accused Nath of rape because of “unrequited and unreciprocated love she had for him”. The actor filed for bail on December 14.