In a significant ruling, the Jammu & Kashmir and Ladakh High Court has granted bail to a man accused of rape after the complainant admitted in court that she is his wife. The decision was rendered by Justice Rajnesh Oswal, who noted that the complainant had no objection to the quashing of the FIR or the granting of bail.
The accused, Ali Mohd, had been in custody since September 2023 following an FIR lodged at Samba Police Station. He argued that the case was a retaliatory measure after he refused to provide maintenance to the complainant under Section 125 of the Code of Criminal Procedure (CrPC).
“Normally this Court would not have granted the bail in view of serious allegations, but taking into consideration that the complainant herself has stated that she is the wife of the petitioner and she has no objection to the petition for quashing the FIR and the application for grant of bail, this Court is of the considered view that the petitioner deserves to be enlarged on bail,” the Court observed in its order dated March 7.
The complainant did not oppose the bail plea, leading the Court to grant Ali Mohd’s release. However, the plea seeking the quashing of the FIR was withdrawn, with the liberty to raise the issue before the trial court.
This ruling highlights the complexities surrounding matrimonial disputes and criminal accusations, particularly when legal proceedings intertwine with personal conflicts.
Case: ALI MOHD TH. WIFE SALIMA BEGUM vs UT OF J&K – Available on LAWFYI.IO
