Nagpur: Extra Sessions Judge PF Sayyad last week authorized an early bail application for a man convicted of rape after submitting medical reports indicating he suffers from erectile dysfunction.
The court, considering the pathological and clinical reports of elevated diabetes and erectile dysfunction (ED), among other grounds, granted the pre-arrest remedy to plaintiff Pradeep Makhijani, a psychologist. He feared his arrest in a rape case filed against him over the complaint of a 31-year-old woman at Jaripatka police station in December.
The plaintiff, through lawyer Jitesh Duhilani, had previously argued in court that he had suffered from erectile dysfunction since 2019, rendering him impotent.
The court, while granting the confirmed advance bond, ordered the plaintiff to provide personal and surety bonds of Rs25,000 as well as a solvent bond of an equal amount. The applicant was also requested to report to the police station every Thursday until the indictment was filed.
The court granted Makhijani bail on the basis of his commitment to hand over his cell phone to the investigator and also to appear for the medical examination scheduled for him by the police during the investigation. He was also regularly asked to refrain from sowing fear in the complainant or influencing witnesses.
The court, while granting bail, also observed that the interrogation of the applicant in detention was not required and that the investigative agency had sufficient time to investigate the case.
Additional prosecutor AM Mahurkar had previously argued that the investigative process was still ongoing and that the accused’s cell phone should be recovered. Defense lawyer Duhilani had argued that the arrest would cause all kinds of inconvenience to the applicant despite his innocence.
We learn that Makhijani was convicted of rape following a complaint from the woman who worked as a domestic helper last year. She had joined as a housekeeper and helper in September of last year with Makhijani.
In her complaint, she claimed to have been sexually exploited by Makhijani in October of last year, after which she quit her job the following month. She also claimed that Makhijani had not paid her dues.