The Bombay high court while granting bail to a man in a rape case also directed the commissioner of police, Navi Mumbai recently to look into all the complaints lodged by the complainant with CBD Bela

The Bombay high court while granting bail to a man in a rape case also directed the commissioner of police, Navi Mumbai recently to look into all the complaints lodged by the complainant with CBD Belapur, Nerul and Vashi APMC police station and conduct an inquiry in the same.

The court issued this direction when the applicant furnished documents received through RTI to show that the complainant has filed similar complaint of rape and gang rape against some other persons too. The applicant alleged that the complainant is running an extortion business and possibly the same is done in connivance of the police.

Justice Revati Mohite-Dere issued this direction while hearing bail application filed by Anand Kumar Singh (32), who was arrested by Kamothe police station on the complaint of a 42-year-old woman.

The prosecution case is that the complainant wanted to lose weight and hence she through a friend got in touch with Singh. The woman has alleged that on Singh’s advice she joined Body Point Gym in Navi Mumbai where he was working as an instructor. She started going to gym but it was difficult for her to report to gym at 5 am hence the applicant suggested that he would come to her house to train her at 6 am everyday and the complainant agreed.

The complainant has further alleged that in January 2011, her parents had gone to her elder brother’s house and she was alone and at that time Singh had sexually assaulted her and also recorded that incident on his mobile phone. He threatened to kill her and also circulate that video on Internet if she disclosed the incident to anybody. Singh apparently visited her again the next day and said they should start a gym in partnership and by blackmailing her, he took away Rs 2,20,000 cash and jewellery worth Rs 2,00,000 on different occasions. The complaint was, however, lodged on January 15 this year.

When Singh’s application for bail came up for hearing before Justice Dere, senior counsel Ashok Mundergi on behalf of the applicant alleged that the complainant along with some police officers of various police stations have been indulging in extortion activities and that the complainant had lodged similar complaints against several persons alleging the same offence.

Singh’s lawyer also tendered documents collected under Right to Information Act, to prove applicant’s contentions. The court was informed that three similar complaints were registered against different persons and all complaints were lodged in 2015. In each case the complainant alleged that she gave lakhs of rupees to each of the accused.

Advocate Mundergi also claimed that Singh never worked as a gym instructor. He was working in Bangalore and was arrested after the police called him for an inquiry.

The government pleader opposed the bail plea saying allegations are serious in nature and the mobile phone of the accused could not be traced as he has lost it.

However, after perusing the documents the judge observed that a complaint of a similar nature was registered only in CBD Belapur against one person but in Nerul and Vashi APMC police stations the complaints were lodged about gang rape but the police did not register any FIRs. And from one affidavit (submitted by the accused) it appears, that the complainant had subsequently disclosed, that there were certain business transactions, between the accused and her and had accordingly withdrew the allegations.

Justice Dere took serious note of the fact that the police did not register an FIR despite serious allegation of rape and also permitted her to withdraw the complaint later. “Therefore, prima facie, there appears to be some substance in the submissions advanced by the learned counsel for the applicant, that the complainant had filed similar cases for extorting money and possibly the same was done with the connivance of the police,” observed the judge.

The judge also said, “Considering the aforesaid, it would be appropriate to direct commissioner of police, Navi Mumbai to look into all the complaints, lodged by the complainant, with the CBD Belapur, Nerul police station and Vashi APMC police stations and the present CR, and conduct an inquiry into the same.”

The judge also granted bail to Singh on a personal bond of Rs 10,000.