The Allahabad
High Court has granted bail to a 42-year-old married man accused of rape
by a 25-year-old woman, observing that the case reflects a growing concern
where emotional fallout from failed relationships is leading to criminal
complaints.
In
an order dated 9 April, which became public on 17 April (Thursday), Justice
Krishan Pahal noted that the FIR was filed several months after the alleged
incident and appeared to be driven more by the emotional consequences of the
relationship than by a legitimate criminal grievance.
“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 court observed.
The
case involved Arun Kumar Mishra, who had previously been married three times.
Justice Pahal noted that the woman had entered into a physical relationship
with him despite being fully aware of his marital history.
Mishra’s
counsel argued that the FIR had been filed after a delay of five months, during
which the complainant continued to travel with him and stayed with him at
several hotels.
The
woman’s lawyer, however, submitted that Mishra had a history of deceiving women
by luring them into consensual relationships despite being married.
After
hearing both sides, and considering the woman’s educational background and the
delay in lodging the complaint, the court granted bail to Mishra.
The
court further highlighted a worrying trend in which “personal fallouts” and
“emotional discord” are increasingly being criminalised. It warned that
invoking penal laws following a failed relationship is becoming common, raising
serious concerns about the misuse of legal remedies.
Emphasising
the distinction between unethical conduct and criminal behaviour, the bench
said: “Not all socially or ethically questionable actions warrant legal
intervention.”