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Allahabad High Court Grants Bail in Rape Case, Raises Concerns Over Misuse of Laws After Breakups

The court highlighted the delayed FIR and consensual relationship, warning against criminalizing personal disputes following failed intimate relationships.

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The bench said it is increasingly being observed that ‘personal fallouts’ and ‘emotional discord’ are being given a criminal colour, through the invocation of penal laws. (For Representation)

Overview

  • The Allahabad High Court granted bail to Arun Kumar Mishra, a 42-year-old accused of rape by a 25-year-old woman, citing a delayed FIR and evidence of a consensual relationship.
  • Justice Krishan Pahal noted that the complaint appeared to stem more from the emotional fallout of a failed relationship than from genuine criminal misconduct.
  • The court expressed concern over a growing trend of criminalizing personal disagreements and emotional discord after intimate relationships end.
  • The complainant was aware of the accused's marital history, including three prior marriages, when entering the relationship.
  • The bench emphasized that not all ethically or socially questionable actions warrant legal intervention, distinguishing between moral lapses and criminal behavior.