Applicant seeking grant of anticipatory bail in FIR registered against him

  1. The instant application under Section 438 of the Code of
    Criminal Procedure, 1973 (‘Cr.P.C.’) has been filed on behalf of
    applicant seeking grant of anticipatory bail in case FIR bearing no.
    232/2023, registered at Police Station Karawal Nagar, Delhi for the
    offences punishable under Sections 498A/406/506/34 of the Indian
    Penal Code, 1860 (‘IPC’).
  2. Briefly stated, the facts of the present case are that the
    applicant herein was the husband of the complainant. The
    BAIL APPLN.2833/2023 Page 2 of 12
    complainant and the applicant had been married on 15.07.2021. It is
    the case of the complainant that her family had spent more than their
    capacity for the purpose of marriage and had given a lot of gifts. A
    total amount of about Rs. 60-70 lakhs had been spent on the wedding.
    However, the accused husband had started misbehaving with her
    since the very first night of the marriage. It was alleged by the
    complainant that on the night of her marriage, her husband had come
    drunk and told the complainant that he could do whatever he wanted
    to do with her to satisfy his physical hunger. Even after refusal, the
    accused had forcibly had anal sexual intercourse with the
    complainant and had also beaten her. The complainant had also
    suffered certain internal gynecological problems, but the accused had
    continued to ill-treat her. On 21.07.2021, when the complainant had
    gone back to her parental home, her husband and father-in-law had
    also accompanied her. Her father-in-law had insulted her parents and
    had taunted them for not giving enough dowry. Due to fear of loss of
    respect in society, her father had prayed with folded hands that they
    should not speak rudely to them. However, her father-in-law had
    pushed her father and had brought her back to the matrimonial home.
    Thereafter, the accused persons had started scolding and taunting her
    for not bringing good things as dowry. They had also told her that
    girls should be kept like shoes on the feet and that she would be
    asked to give her entire salary to him and that now she belonged
    entirely to her in-laws. After a few days of marriage, when she had
    asked her husband as to why he did not go to do any work, he
    informed her that he was not employed. However, at the time of
    BAIL APPLN.2833/2023 Page 3 of 12
    marriage, her family members were informed that he had a
    government job and was working as a jail warder in Uttar Pradesh.
    When she had confronted the accused persons about the same, she
    was abused by all of them. They had also told her that they had
    brought a cow to milch for their son, therefore, why should their son
    work, and her salary would fulfill all their needs. The accused
    persons also used to taunt her about her appearance. The present
    accused/applicant also used to misbehave with her and used to
    forcibly make physical relations with her. When she resisted the
    same, he used to slap her. Due to his forced sexual activities, she had
    started having physical complications, and when she had asked the
    applicant to take her to the doctor, he had abused her and had told her
    that her father had not given her enough so that she could be taken to
    the doctor. Therefore, she had to request her family members for
    medical help, and they had taken her to Jyoti Nursing Home, Delhi
    where she was treated by the concerned doctor. The doctor had called
    the applicant on 01.08.2021; however, he had misbehaved with the
    doctor and had also refused to buy medicines for her. On 07.08.2021,
    her health had deteriorated, and her family had to take her to the
    Narendra Mohan Hospital, Ghaziabad, Uttar Pradesh. Her parents-in-
    law again had taken responsibility that the applicant would not
    misbehave with her and took her back on 29.08.2021, in the presence
    of her family and the middleman. When the complainant was again
    sent to her in-laws’ house, she had touched her father-in-law’s feet,
    but her father-in-law had touched the complainant inappropriately
    and had put his hands on her chest. After which, when the
    BAIL APPLN.2833/2023 Page 4 of 12
    complainant had informed her husband about the same, he had
    abused her. On 30.08.2021, her husband had accompanied her to
    Rampur, for the first time. The applicant/accused had started
    demanding her entire salary and had forced her to disclose her ATM
    PIN and had taken Rs. 30,000/- in cash from her. He used to
    physically abuse her every day and had burnt her hand due to which
    her health had deteriorated. He had started demanding Rs.
    50,00,000/- from her. Resultantly, she had become mentally
    disturbed. She was not able to concentrate on her work as she was
    working as a teacher. On 14.10.2021, when she had came back to her
    matrimonial home during the Dussehra holidays from Rampur, Uttar
    Pradesh, the father of the applicant asked her to get money from her
    father and also her share from the property of her father as well as Rs.
    50 lakhs in cash. She had also come to know that the applicant was
    having an extramarital affair with many women. He used to make
    pornographic movies, and when she had asked him about his extra
    marital affairs, he had threatened to defame her. He had also told her
    that he could earn a lot of money by making her inappropriate video
    and had told her that he had taken some objectionable photos of her,
    which would be returned only if she would give Rs. 50 lakhs or
    otherwise post them on social media. He had told her that she was a
    golden hen for him. She had come to know that the applicant ran a
    sex racket, and she had heard phone recordings on the phone of the
    applicant. On 14.10.2021, the applicant had consumed alcohol with
    his father, uncle, and friends who had advised the applicant to make
    an inappropriate sexual video of hers. On the same night at about
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    12:30, he had insisted on making such a video and showing it to the
    co-accused, her father-in-law. When she had refused, he had
    switched on the mobile camera, had forcibly assaulted her, and had
    threatened to kill her. She was mentally disturbed to a great extent.
    When she had received a call from her mother on 27.01.2022 and
    conveyed to her mother what was happening to her, her parents had
    confronted the accused persons and the applicant about their
    misbehaviour with her and mentally and physically torturing her. The
    applicant had kicked her father with the stick on his head with the
    intention of killing him. They had also misbehaved with her mother
    while leaving her parental home. They had also threatened that if she
    failed to bring Rs. 50 lakhs, they would kill her. Thereafter, the
    complainant had filed the present FIR.
  3. Learned counsel for the applicant argues that the complainant
    has stayed in her matrimonial home for a very short duration with the
    accused and, therefore, he has been falsely implicated in the present
    case. It is also argued that it is the complainant who does not want to
    stay with the accused and therefore, she has concocted a false story in
    this case. It is also argued that the complainant has filed several cases
    against the present accused/applicant only for the purpose of
    harassing him. It is further argued that they had never demanded any
    money from the complainant or her parents and, therefore, he be
    granted anticipatory bail.
  4. Learned APP for the State while opposing the present
    anticipatory bail application argues that there are serious allegations
    against the present applicant/accused. It is argued that there are
    BAIL APPLN.2833/2023 Page 6 of 12
    specific allegations that the complainant was tortured by the
    accused/applicant and his family members for not having met their
    demands of dowry, and the applicant/husband used to beat her, and
    also used to burn her hands. It is further argued that the
    accused/applicant had made some objectionable videos of the
    applicant. Thus, the anticipatory bail application of the present
    applicant/accused be dismissed.
  5. This Court has heard arguments addressed by learned counsel
    for the applicant as well as learned APP for the State and has perused
    the material available on record.
  6. At the outset, this Court notes that the factors to be taken into
    account while considering grant of anticipatory bail, have been
    explained by Hon’ble Apex Court in case of Sumitha Pradeep v.
    Arun Kumar CK 2022 SCC Online SC 1529, which are (i) prima
    facie case against accused, (ii) nature of offence, and (iii) severity of
    the punishment, and it was also held that even if custodial
    interrogation is not required or necessitated, the same by itself cannot
    be a ground to grant anticipatory bail. The relevant portion of the
    judgment reads as under:
    “…In many anticipatory bail matters, we have noticed one
    common argument being canvassed that no custodial
    interrogation is required and, therefore, anticipatory bail may be
    granted. There appears to be a serious misconception of law
    that if no case for custodial interrogation is made out by the
    prosecution, then that alone would be a good ground to grant
    anticipatory bail. Custodial interrogation can be one of the
    relevant aspects to be considered along with other grounds
    while deciding an application seeking anticipatory bail. There
    may be many cases in which the custodial interrogation of the
    accused may not be required, but that does not mean that the
    BAIL APPLN.2833/2023 Page 7 of 12
    prima facie case against the accused should be ignored or
    overlooked and he should be granted anticipatory bail. The first
    and foremost thing that the court hearing an anticipatory bail
    application should consider is the prima facie case put up
    against the accused. Thereafter, the nature of the offence should
    be looked into along with the severity of the punishment.
    Custodial interrogation can be one of the grounds to decline
    custodial interrogation. However, even if custodial
    interrogation is not required or necessitated, by itself, cannot be
    a ground to grant anticipatory bail…”
  7. While deciding cases as the one in hand, the Courts cannot
    close their eyes to the hard realities of societal situations of
    individuals. It is an irony of situation that in several cases, the
    factum of a woman not working becomes the source of her
    handicap of raising voice against atrocities for fear of being
    stigmatized or faced with a dilemma as to where she would go, in
    case she is thrown out of her matrimonial home, in face of a
    situation where the doors of her parental home may also not be
    easily accessible or welcoming to her. However, now there is no
    dearth of cases placed before this Court highlighting another
    disturbing trend where the factum of a woman earning and
    employed becomes her handicap too, on the premise that since
    being a woman, she is earning and independent, she is not herself
    inclined to live with the husband and the in-laws, conveniently
    trying to put under wraps the reason for her to raise her voice
    against physical, mental, sexual and economic abuse by the
    husband. The present case presents an argument that the woman
    being working did not want to live with the husband and the
    normal wear and tear of matrimonial life has been projected as
    BAIL APPLN.2833/2023 Page 8 of 12
    atrocities and cruelties for non-fulfilment of dowry and false
    implication of the accused/husband and his family.
  8. This Court notes after going through the case file and the order
    of the learned Trial Court, it is evident that the applicant herein has
    been alleged to have not only physically tortured and abused the
    complainant, who is his wife, but also sexually abused her in
    inhumane ways as detailed in the complaint. She has categorically
    and specifically stated that due to such sexual atrocities committed
    upon her by the accused/applicant, who repeatedly asserted his
    entitlement as her husband to do as he pleased with her body, she was
    coerced into satisfying his physical desires against her will. Even
    after her refusal, he forcibly engaged in anal sex with her and
    subjected her to severe beatings, resulting in significant internal
    injuries, which were disregarded by the applicant who is her husband.
  9. Additionally, she has detailed in the complaint that the accused
    had extra-marital relationships with several women and possessed
    inappropriate videos and audios suggestive of involvement in a
    sexual racket and the production of explicit pornographic content for
    financial gain. The specific allegations include accused/applicant
    taking inappropriate photographs of the victim, who was his wife,
    and therefore, an easy prey for taking her inappropriate photographs
    and making her videos which were sexually explicit taking advantage
    of their relationship and the mindset that a woman has to give in to
    any kind of sexual satisfaction of her husband or be labeled as a bad
    wife. Together with the abovesaid fact, he continuously threatened to
    publicly shame her, if she did not comply with his demands,
    BAIL APPLN.2833/2023 Page 9 of 12
    including surrendering her entire salary earned as a teacher. The
    complainant, due to concerns about her reputation as an educator,
    could not continue to endure the atrocities inflicted upon her by the
    applicant and his family members.
  10. The allegations are neither vague nor lacking in specificity
    regarding dates, locations, and the manner in which the incidents
    occurred, including demands for dowry. Specific incidents of sexual
    exploitation and abuse are recounted, justified by the accused’s belief
    in his entitlement as her husband. A perusal of record clearly reveals
    a pattern of abuse and exploitation perpetrated by the applicant
    against his wife, demonstrating a blatant disregard for her well-being
    and autonomy. It is shocking that as a married earning woman, even
    to pay fee to the doctor and to buy medicines, she had to ask the
    accused/husband who told her that her father had not given enough
    money to take her to a doctor or to buy medicines for her. The
    mindset and the behavior is clearly brought out by the allegations that
    the accused did not even take her to the doctor though she had
    contracted sexually transmitted disease from him and her family had
    to take her to the hospital and doctors.
  11. This Court also takes note of the order of the learned Trial
    Court, where the learned Trial Court has mentioned that it had
    perused the medical treatment record pertaining to the
    complainant/wife, which showed that she had suffered from sexually
    transmitted diseases. This Court also notes that the complaint of the
    wife specifically mentions that due to the sexual atrocities committed
    upon her, she was repeatedly told that she had to stay in the house as
    BAIL APPLN.2833/2023 Page 10 of 12
    a prostitute. She had suffered various kinds of health issues related to
    reproductive organs. Thereafter, she was not taken to the hospital or
    to a doctor by the applicant, and it was her family members who had
    repeatedly taken her to the hospitals and to the doctors concerned. In
    addition to this, to add insult to injury, the accused, when called by
    the concerned doctor, had insulted the doctor as well as the
    complainant and had told her that her father had not given enough
    money so that he would spend it on buying medicines for her. The
    learned Trial Court was also shown, at the time of the hearing of the
    bail application, certain videos which showed that the applicant
    herein had inappropriate videos of sexual relations, which are part of
    the judicial record before the learned Trial Court. Considering the
    same, the gravity of the offence committed by the applicant, and also
    the very fact that the thought process and thinking of the
    applicant/accused herein, as a husband, he was entitled by virtue of
    his marriage with the complainant, to sexually, physically, and
    economically abuse her to the extent as mentioned in the complaint,
    goes against the very intent of the law of this country.
  12. The argument of the learned counsel for the applicant that the
    accused has been falsely implicated in this present case and that the
    applicant and the complainant did not stay together for very long
    duration is of no material consequence at this stage when the
    allegations are specifically narrated with time, place and the manner
    of incidents.
  13. The specific incidents of sexual exploitation and abuse
    recounted in this case unveil a troubling reality—one where
    BAIL APPLN.2833/2023 Page 11 of 12
    marriage is distorted into a vessel for unchecked dominance and
    entitlement. Embedded within this warped perception is a
    dangerous belief that the marital bond grants unchecked
    authority to the husband, transforming his wife into a mere
    object to be wielded at will. The portrayal of the victim as a
    commodity reflects a deeply entrenched societal mindset that
    views women as objects to be controlled, exploited, and disposed
    of at will.
  14. Being labeled and continuously called and reminded
    repeatedly that she had a status of a mere as a cow meant only
    for milking or a golden hen expected to lay golden eggs is deeply
    disturbing and indicative of the dehumanizing treatment the
    victim endured, which highlights the systemic issue of
    objectification and exploitation of women within certain societal
  15. The learned Trial Court has also taken note of the supporting
    documents regarding the medical treatment received by the
    victim/wife and the fact that the accused had forcibly taken Rs.
    30,000/-, and had forced her to give the Pin number of ATM card and
    the manner in which the salary was taken from her.
  16. The severity of the exploitation in this case is compounded by
    the additional factors of physical and emotional violence inflicted
    upon the victim by her husband and his family. The use of force,
    coercion, and intimidation to extract compliance from the victim
    underscores the systemic nature of the abuse and the lengths to which
    perpetrators will go to maintain their power and control.
    BAIL APPLN.2833/2023 Page 12 of 12
  17. This Court is of the opinion that such accused persons should
    be dealt with a stern hand. The accused is seeking anticipatory bail
    whereas his custodial interrogation may be required for the purpose
    of recovering any inappropriate photographs, conversations, audios
    or videos as alleged by the victim wife.
  18. Considering the same, this Court does not find any ground to
    grant anticipatory bail to the applicant/accused herein.
  19. Accordingly, the present application for grant of anticipatory
    bail stands dismissed.
  20. The judgment be uploaded on the website forthwith.
    FEBRUARY 05, 2024/zp
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