On Wednesday, a Delhi Court granted bail to a man accused of gang raping his wife and pronouncing talaq in violation of Section 4 of the Muslim Woman (Protection of Rights on Marriage) Act, 2019. (State v. Tanveer)
Advocate Pradeep Teotia represented the Applicant, while Advocate Nizamuddin represented the Complainant. R. K. Satyarthi, an additional public prosecutor, represented the State.
Additional Meetings Judge Devender Kumar determined that the accused had a solid defence and that all disputed facts would need to be resolved via inquiry. The disagreement reportedly occurred when the accused divorced the complainant in accordance with Section 4 of the Crime, raped his wife, and enabled a friend, one Naseem, to perform a similar act.
However, the accused rejected all claims, claiming that he had neither divorced nor raped his wife. It was claimed that because the complainant was aware of the accused’s innocence, she invented a narrative of gang rape in order to get him jailed under a fake case.
It was brought to the Court’s attention that Naseem and the accused were in separate locations at the time of the purported occurrence.
The Additional Public Prosecutor, on the other hand, vigorously opposed the bail request, claiming that the charges were severe. It was also claimed that the Investigating Officer (IO) was not collaborating with the complainant but kept in touch with the accused and his family on a frequent basis.
The IO confirmed to the Court that the co-accused Naseem had a personal feud with the complainant wife’s attorney, who had previously filed many lawsuits against Naseem. While granting the bail motion, the judge also noted that, despite severe charges, the complainant had been visiting the accused’s home, which created suspicion.
The bail was further granted by the court.