Jammu, March 14 – The Jammu & Kashmir and Ladakh High Court has granted bail to a man accused of rape, fraud, and criminal intimidation after the complainant, who was revealed to be his wife, expressed no objection to the quashing of the FIR and his release.
Justice Rajnesh Oswal, while delivering the order, acknowledged the serious nature of the charges but emphasized the complainant’s admission and her withdrawal of objections as crucial factors in the court’s decision. The order stated that normally, the court would not have granted bail in view of the serious allegations. However, considering that the complainant herself had stated that she was the wife of the petitioner and had no objection to quashing the FIR and granting bail, the court found that the petitioner deserved to be released, particularly since he had been in custody since September 2023.
The Case Against the Accused
The petitioner, Ali Mohd, had been arrested on September 14, 2023, following an FIR registered at Samba Police Station under Sections 376(2)(L) (rape of a woman incapable of giving consent), 313 (causing miscarriage without consent), 420 (cheating), and 506 (criminal intimidation) of the IPC. He moved the High Court seeking bail and quashing of the FIR, arguing that the case was a retaliatory measure after he resisted a maintenance claim filed by the complainant under Section 125 of the Criminal Procedure Code (CrPC) in November 2022.
Prosecution vs. Defense Arguments
Deputy Advocate General Vishal Bharti, appearing for the State, opposed the bail, stressing the gravity of the charges and arguing that no leniency should be granted in such cases. On the other hand, defense counsel HC Jalmeria contended that the complainant’s withdrawal of opposition demonstrated the fragile nature of the case, and that the petitioner had already spent over 1.5 years in custody without trial.
Court’s Decision and Bail Conditions
Considering the changed stance of the complainant, the High Court granted bail to the accused while imposing strict conditions. The petitioner is required to furnish two solvent sureties of Rs 50,000 each and must attend all trial court hearings. He is prohibited from leaving the Union Territory of Jammu & Kashmir without prior court approval and is strictly forbidden from contacting the complainant or any witnesses during the trial.
Furthermore, his petition to quash the FIR was withdrawn with the liberty to raise the same arguments before the trial court.
(Inputs from Bar and Bench)
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