“The allegations in the FIR are not the stereotyped matrimonial dispute allegations” — Delhi High Court
The Delhi High Court has rejected the bail plea of a man accused of coercing his wife into non-consensual partner swapping and publicly soliciting her for sex through social media. Terming the accusations as “serious and grave,” the Court held that the matter extended far beyond ordinary marital discord.
Justice Girish Kathpalia, while delivering the order, remarked, “The allegations in the FIR are not the stereotyped matrimonial dispute allegations.” The Court further emphasized that the nature of the charges involved violations that demanded thorough judicial scrutiny and could not be treated lightly in a bail application.
The accused faces multiple charges under the Indian Penal Code, including rape, gang rape, cruelty, sexual harassment, and criminal breach of trust.
According to the FIR, the woman alleged her husband encouraged and attempted to force her into “wife swapping.” She stated he even took her to a hotel where his friends molested her, prompting her to flee the scene. Additionally, the complaint detailed that the husband physically abused her, including injuring her hands with a blade and compelling her to work in the kitchen with open wounds.
The woman also claimed her husband ignored her reports of sexual harassment by his own brother, allegedly telling her to “endure the humiliation.”
In a more disturbing allegation, the man is said to have created a fake Instagram account using her pictures and invited people to engage in sexual acts with her for money. These actions, the court observed, pointed to “a pattern of coercion and exploitation.”
The court also noted that the survivor had given a magisterial statement alleging rape and gang rape, which further substantiated the severity of the accusations.
Importantly, after securing anticipatory bail earlier, the accused allegedly contacted the victim using a different name and a new SIM card. Upon investigation, the SIM card was traced back to the accused, raising questions about witness tampering and misuse of liberty granted by the court.
Taking all these elements into account, the Delhi High Court denied the man’s plea for bail, highlighting the potential threat to the complainant and the seriousness of the offenses involved.
