A sessions court in Mumbai granted bail to a 30-year-old doctor in a matrimonial case on Thursday, where the wife had accused him of rape. Pre-arrest bail was also granted to husband’s mother, brother and sister-in-law who had been accused of dowry harassment.
The court observed that bail cannot be denied in matrimonial offences when there is no allegation of assault or attempt to pressurise the complainant.
Case:
Couple got married in 2019. Soon after marriage, wife alleged that her husband started demanding dowry. She also alleged that her in-laws taunted at her and forced her to return to her parental home to bring more money and gold.
Rape Charges on Husband
The woman accused her husband of being addicted to watching porn. She also alleged that he would commit acts of natural and unnatural sex with her against her wishes.
Husband’s Version
The husband and his family categorically denied the charges of rape and harassment respectively. The husband also informed court that the ‘pornographic website’ mentioned by his wife to which he was allegedly addicted, had shut down in 2015 – four years before their marriage.
Husband also informed court that since he was a doctor by profession, his services were essential at the time of pandemic.
Sessions Court
The court observed that the prosecution had objected to bail only because an investigation was ongoing and that the alleged accused could influence witnesses. However, prosecution failed to cite any reason why a custodial interrogation was required for the husband and his family.
Bail Granted
Considering the nature of offence and evidences on record, the court allowed bail to the husband on certain stringent conditions. He would need to report to a police station in Mumbai every week. The husband and his family have not been permitted to leave Maharashtra without court’s prior permission.
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