Delhi Court Grants Bail To Husband In Unnatural Sex Case As No Medical Record Submitted By Wife

The order pertains to August 2021, where a Delhi court granted bail to a man arrested for allegedly subjecting his wife to cruelty and unnatural sex. The court remarked that mere apprehension that the accused might jump bail was not sufficient to decline him the relief.

Metropolitan magistrate Shilpi Singh said,

This ground cannot be considered for denying bail to the accused as the surety is sought for this very purpose, i.e, to ensure the appearance of the accused, and an apprehension that the accused may jump the bail is not sufficient to decline the application, especially where the accused has clean antecedents.

Delhi Court also said that the investigation regarding the accused was complete and granted him bail on furnishing a bail bond of Rs 50,000 with one surety of like amount.

Arguments by Husband

The accused’s counsel had argued that the investigating officer searched the premises of the accused and found nothing incriminating.

Defense by Police (Wife)

Police had opposed the bail plea saying the accused was arrested as he was not cooperating in the investigation and the allegations were serious.

No Medical Record Of Unnatural Sex

The court noted that no medico-legal case record was filed along with the reply of the investigating officer (IO) to substantiate the allegation of “unnatural offences,” and that he could not form an opinion that the allegations were true or false at the present stage.

Bail Granted

While granting bail to the accused husband, the court directed him to cooperate in the investigation and appear before the court concerned whenever summoned. It further asked him not to contact the complainant wife or visit her under any circumstances.

MDO Take:

These court orders and remarks are important when, we as a society, demand Marital Rape to be criminalised. MDO does not defend any heinous crimes against either wife or husband, however, women cannot be armed with a law where husbands can be arrested on mere allegation.

If such a law is proposed, it must be made Gender Neutral. Secondly, there should be strict guidelines laid down for medical report submission, strong evidences to suggest rape, else it will become yet another exercise by disgruntled women, threatening husbands with criminal cases —- if they don’t fall in line or give into their demands. 

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