The Gujarat High Court has granted bail to a man arrested on charges of rape after his lawyer informed that the accused failed potency tests thrice.
Prashant Dhanak, who worked as a freelance photographer, was arrested in December 2022 on charges of rape in a complaint filed by a woman claiming to be an aspiring model.
The 27-year-old complainant, originally from Madhya Pradesh, has been living in the Chandkheda area of northwestern Ahmedabad and had alleged that Dhanak sexually abused her on the pretext of getting her modelling assignments.
The woman claimed that she was introduced to Dhanak by a friend who told her that the accused, who does photography for modelling, could help her.
In her complaint, the aspiring model alleged that on November 10, Dhanak asked her to meet him at a hotel near Vijay Crossroads, where the accused allegedly raped her.
The woman approached the Gujarat University police station in December against Dhanak and he was arrested on the 23rd on charges of rape and criminal intimidation.
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Dhanak, who rejected the allegations, had claimed that the model was demanding money from him.
After the lower courts rejected Dhanak’s bail application, his lawyer approached the Gujarat High Court.
In the HC, his lawyer FN Soniwala claimed that the allegations were fake and that Dhanak was impotent.
His lawyer told the court that during the investigation, medical examiners made three attempts on different occasions to collect his semen, but the medical reports revealed that there was neither erection nor ejaculation, The Times of India, reported.
“A vibrator was applied for 10 minutes, and then a doppler ultrasound was also used when he was taken for an examination the third time, but there was no result. The investigating officer collected all the pieces of evidence but could not collect his semen. He is still unmarried due to this reason only,” the lawyer said.
Accepting the arguments of the lawyer and the injury certificate, Justice Samir Dave said: “Prima facie, this court is of the opinion that the FIR against the present applicant was filed with an ulterior motive.”
The HC further noted that Dhanak’s presence was not required in judicial custody during the trial and granted him bail on furnishing a personal bond of Rs 10,000 and a surety of an equal amount.
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