Criminal Procedure Code, 1973
Section 439—Bail—Gang rape and criminal intimidation—FIR registered under Section 376D and 506 of IPC—Allegation that applicant forced his ex wife to have sexual intercourse with him and his friend—Delay in registration of FIR—Submission that applicant have been roped in as disputes arose between the parties over the payment of alimony which was not agreed to be paid at the time of dissolution of the marriage—Statement of friend of mother of victim does not advance the cause of the prosecution—Medical examination report does indicate that the victim had narrated history of sexual exploitation—Allegations against applicants are required to be appreciated in light of the broad probabilities of the case, albeit prima facie—Evidently, victim and her ex husband allegedly cohabited together despite dissolution of marriage—In the statement of the victim recorded under Section 164 of CrPC, the victim has narrated a continuous course of harassment and ill-treatment at the hands of her ex husband, even after dissolution of marriage—When the marital bond between applicant 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—In this backdrop the submissions on behalf of applicants touching upon the probabilities of the case, in view of the place of occurrence, delay in narrating the incident to the mother of the victim and reporting the matter to the police, cannot be completely brushed aside—Indeed allegations are grave in nature—However, in the backdrop of the relations between ex husband and victim, the marital discord and broad probabilities of case, a prima facie case for exercise discretion in favour of the applicants can be said to have been made out—Investigation is complete for all intent and purpose—Charge-sheet has been lodged—Further custodial interrogation of applicants does not seem to be warranted—Apprehension on the part of prosecution and victim can be taken care of by imposing appropriate conditions—Bail granted.
[Paras 10 to 14]