Calcutta High Court on Wednesday allowed the bail prayer of a rape accused who had allegedly cohabited with a woman, giving her assurances that he would marry her.

“The woman had filed the complaint against the accused when she was five months pregnant. Such a delay in lodging a complaint proves that they had cohabited with mutual consent,” a division bench of Justice S.K. Mukherjee and Justice A. Basu observed.

The judges said ascertaining the paternity of the child was a separate issue. “A DNA test may be conducted for the purpose. But, this court is only considering the charges brought against the accused in the FIR lodged by the woman. So, we are allowing his bail prayer,” the judges said.

Wednesday’s court order comes in the wake of a Supreme Court ruling, in the Uday versus State of Karnataka Case, in which the apex court had ruled that cohabiting by mutual consent could not be termed rape.

The order will be used as a precedent in several other cases in the city. Recently, a television actress had lodged complaint against a male co-star, alleging that he had cohabited with her after promising to marry her. On the basis of the complaint, a Alipore court had sent the actor to 14 days’ imprisonment. He was granted bail by the high court, but the case against him is still pending in the lower court.

Advocate Jaymalya Bagchi, who appeared for the accused on Wednesday, told the court that after the apex court’s ruling, the rape charge did not hold against his client. “It has become common practice for a woman to live-in with her boyfriend, and later cry rape when the boy refuses to marry her.

The accused’s counsel added: “The court should not entertain their petitions.”