A Thane court on Tuesday denied anticipatory bail to a 32-year-old Navi Mumbai man who allegedly misled his wife by concealing his homosexuality from her [Rohan Pradeep Shinde v. The State of Maharashtra]..Additional Sessions Judge RS Gupta observed that the man fraudulently cheated his wife and blemished her future."No doubt, every individual has its dignity to live in the society. No other person can interfere into life style but that does not mean that a person gets liberty to spoil the life of either of spouse," the Court held..After meeting on a social networking platform, the accused and complainant married in November 2021.In her police complaint, the lady stated that she eventually discovered his homosexuality after seeing his WhatsApp chats and other content on his phone, which proved that he had sexual relationships with two males from Mumbai.According to Sagar Kadam, the complainant's lawyer, the accused in order to impress the complainant and her parents before their wedding, had shown them a forged job offer letter stating that he would be paid ₹19 lakh a year..Prosecutor VA Kulkarni and Kadam argued that before the marriage, the accused concealed his homosexualily, defrauding the plaintiff and ruining her life. It was submitted that the applicant was only interested in financial assistance from the parents of the complainant, and caused wrongful loss to them amount to lakhs.The investigation officer stated that he discovered the accused's communications with other male companions, which plainly implied that he was interested in homosexual relationships.The defence attorney, advocate Valinjkar, challenged the prosecution's version, claiming that it was intended to defame and harass him, and requested relief..The judge, after hearing both the parties, noted at the outset,"It is consciously taken note Hindu Marriage is a religious sacrament in which a man and a woman are bound in permanent relationship for a physical, social and spiritual purpose of Dharma, procreation and sexual pleasure."While rejecting the anticipatory bail application of the accused, the Court held,"It is worth to be noted that it is not only the financial loss but the whole life of a young girl has been spoiled by the material suppression. If this would have been openly shared prior to the marriage then the consequence would be different.".[Read Order]
