Thane Court Refuses ‘Settlement’ In Rape Case, Denies Bail To Surat Man

Last Updated:June 16, 2026, 14:49 IST

The complainant tried to withdraw the application stating that her marriage had been fixed and continuation of the criminal proceedings could adversely affect her married life.

A sessions court in Maharashtra’s Thane district has rejected the bail application of a 27-year-old man accused of raping a model and refused to consider a “compromise" affidavit submitted by the complainant, observing that rape is a non-compoundable offence and cannot be settled through a private agreement.

As per a report by PTI, Additional Sessions Judge PV Ghule passed the order on June 9, a copy of which became available on June 15.

The accused, identified as Akshaykumar Kantilal Jain, a resident of Surat in Gujarat, was arrested by the Kashimira Police on April 25. He has been booked under Sections 64 (rape) and 351(2) (criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS).

According to the prosecution, the 26-year-old complainant, a professional model from Punjab, alleged that Jain lured her from Goa to a hotel in Mira Road under the pretext of an acting audition. She claimed that he spiked her tea and forcibly established sexual relations with her.

During the bail hearing, the defence relied on a notarised affidavit-cum-declaration submitted by the complainant, in which she expressed her desire to withdraw the allegations. The affidavit stated that her marriage had been fixed and that continuation of the criminal proceedings could adversely affect her future married life.

The prosecution opposed the bail plea, arguing that the allegations involve a serious offence and that rape is a non-compoundable crime under law. Additional Public Prosecutor Manisha Pawse submitted that the accused did not deserve relief at the present stage, especially as the investigation remains incomplete.

Rejecting the bail application, the court observed that the complainant’s stated concern about her impending marriage could not be a valid ground for withdrawing a rape complaint.

“The reason given is fear of spoiling of marriage, which is irrelevant. The offence is against society at large. Hence, there cannot be any compromise," the court said.

The judge further noted that the complainant’s own affidavit indicated that sexual relations had occurred without her consent while she was at the hotel in Mira Road.

“The consent was never given by her for establishing sexual relations when she was in the hotel at Mira Road. The offence is not compoundable," the court observed.

The court also pointed out that the investigation is still underway and the charge sheet has not yet been filed. It held that the complainant cannot simultaneously initiate criminal proceedings and seek withdrawal of the FIR through a private settlement.

Emphasising the legal position on rape cases, the court reiterated that such offences are considered crimes against society and cannot be resolved through compromise between the parties involved.

(PTI Inputs)

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