The victim, who continued co-habiting with her former husband, claimed that she was forced to have sexual intercourse by her former husband with him and his friend.
The Bombay High Court has recently approved bail for a man and his associate who were accused of raping the man’s ex-wife [Case: Asif Mohammad Shanif Ansari & Anr v. State of Maharashtra]. Justice NJ Jamadar granted bail to the defendants upon concluding that the investigation into the allegations against them had been finalized.
“Indeed the allegations are grave in nature. However, in the backdrop of the relations between Miraj (accused ex-husband) and victim, the marital discord and the broad probabilities of the case, a prima facie case for exercise discretion in favour of the applicants can be said to have been made out,” the judge said.
Providing context, the man (one of the accused individuals) and the complainant finalized their divorce in March 2022. Despite this, they chose to continue living together by mutual agreement post-divorce.
Subsequently, the victim lodged a complaint on August 20, 2022, alleging that on August 16, 2022, her ex-husband coerced her into having sexual relations with him and his friend. This led to the police registering a criminal complaint against both men under Section 376D (gang rape) of the Indian Penal Code.
In response, the accused men filed bail petitions, refuting the accusations and contending that the rape complaint stemmed from a dispute over alimony payments.
Justice Jamadar noted the defense’s argument that the alleged incident took place in a densely populated area, just a few houses away from the victim’s mother’s residence. He also observed a delay in the victim’s reporting of the incident to her mother and the authorities.
Considering these factors, the High Court underscored that the arguments presented by the bail applicants (the accused individuals) couldn’t be dismissed outright.
Additionally, the Court acknowledged the victim’s assertion of continuous harassment and mistreatment by her ex-husband post-divorce. Nonetheless, it emphasized that such claims would be subject to the trial court’s evaluation.
“When the marital bond between husband and the victim had come to an end, would the victim continue to suffer harassment and ill-treatment, without demur, would be a matter for consideration at trial,” the Court said.
The Court proceeded to grant bail to the two accused.
“Investigation is complete for all intent and purpose. Charge-sheet has been lodged. Further custodial interrogation of the applicants does not seem to be warranted. Apprehension on the part of the prosecution and victim can be taken care of by imposing appropriate conditions,” the Court reasoned.