“FIR indicate a speculation by the complainant that she might have been subjected to rape,” the petition states. Besides, Colabawala states that his mere presence in the vicinity does not constitute gang rape and his presence at the café drinking beer cannot constitute “common intention”.

As for the supplementary statement of the complainant, the accused states that there was absolutely no interaction between him and the victim during the evening at the café or in the apartment at Andheri during the night.

Statements indicate that Colabawala never entered the bedroom of the apartment of accused Kundan Borghohain, who was released on bail by HC in September.

Citing the medical reports, the applicant says that it does not disclose anything adverse to any of the accused. It’s further stated that there’s no evidence of any recent sexual intercourse by even one person, far less by six as alleged.

It is pointed out that on April 12 the complainant had stated that there were only three assailants. However, in a statement three days later, the victim implicated six accused.

“The glaring improvement cannot be attributed to any state of mental confusion as the medical history indicates that the complainant was well oriented in respect of time place and the person,” petition states.

The forensic as well as the DNA report has completely exonerated the applicant, petition says. Regarding the seizure of materials, Colabawala states that the t-shirt with semen stains which has been attributed to him was not his as he was wearing a strip shirt that day. Further, there are no stains on body swab, innerwear or bed sheets, petition states.

Colabawala says that the trial court had not granted bail as it was post evidence state and chargesheet was not filed. He also states that the victim was a willing visitor to the apartment and had no reservations about being actively intimate with one of the co-accused. Colabawala has urged the court to grant bail since one accused has already been granted bail. Moreover, petitioner states that he is a NRI and would deposit his passport with the police.