Bombay High Court grants bail to man, friend booked for alleged gang rape of man's former wife

The Bombay High Court recently granted bail to a man and his friend, both of whom were booked for allegedly raping the man's former wife [Asif Mohammad Shanif Ansari & Anr v. State of Maharashtra]..Justice NJ Jamadar granted the accused men bail after finding that the investigation against the accused had been completed."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..By way of background, the man (one of the two accused men) and the complainant had dissolved their marriage in March 2022. However, they continued co-habiting even after the dissolution of the marriage with mutual consent. The victim later filed a complaint on August 20, 2022, stating that on August 16, 2022, her former husband forced her to have sexual intercourse with him and his friend. She lodged a criminal complaint with the police who booked both men under Section 376D (gang rape) of the Indian Penal Code. .The accused men then moved petitions for bail. While denying the allegations against them, the accused submitted that the rape complaint was filed owing to a dispute in alimony payment. .Justice Jamadar further noted the submission that the house where the alleged crime occurred was in a densely populated area, just a few houses away from the house of the victim's mother. He observed that there was a delay on the victim's part as well in reporting the incident to her mother as well as the police. In view of this, the High Court said that the arguments made by the bail applicants (accused men) could not be simply brushed aside. .The Court also took note of the victim's statement that she was continuously harassed and ill-treated by her former husband, even after the dissolution of their marriage. The Court, however, added that this was something for the trial court to consider."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. .Advocates Asif Choudhary and Shrikant Rathi represented the bail applicants. Additional Public Prosecutor Bapu Vitthalrao Holambe Patil represented the State. Advocate Salman Anwar Khan appeared for the victim. .[Read order]