New Delhi: Delhi High Court has granted bail to a 57-year-old man accused of rape by his former college classmate, taking note of a delay of over two and a half years in lodging the FIR.The high court also flagged inconsistencies in the complainant’s accounts before police and granted bail to the accused, Khem Kumar, subject to furnishing a bail bond of Rs 40,000 and one surety of the like amount, with additional conditions.The woman, also in her 50s alleged that Kumar – her classmate from college – raped her in May 2023 on the pretext of marriage. However, an FIR was only registered last year in Dec where she alleged the accused raped her at an accommodation he had arranged for her.“The first instance of sexual relations having been established was more than two and a half years prior to the FIR being registered. The petitioner and the prosecutrix are both mature and educated persons,” the court noted in a recent order. It also noted that the woman failed to mention the incident of rape in a separate complaint she had filed against the accused.“The contents of the complaint made by her to the SHO, Dwarka, Sector-9, on 14.05.2023, prima facie appear to be inconsistent with the allegations now made,” it pointed out as the court added that she did not disclose about filing a complaint before a different police station the previous day where another case was registered having no allegation of sexual assault.“On the basis of the aforesaid factors, and having regard to the fact that the charge sheet has already been filed, I am of the view that it is not appropriate to deprive the petitioner of his liberty pending trial,” the court noted.
