Balancing the nature of the case, custody duration, and prima facie evidence to grant bail with specific conditions.

JUDGMENT

Vikas Mahajan, J. (Oral)

1. The present petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in FIR No.0354/2020 under Sections 323/376 IPC registered at PS Jyoti Nagar, Delhi.

2. The brief facts of the case as per the prosecution as borne out from the FIR are that the prosecutrix was married to the son of the petitioner, namely, Ashim Raja on 23.03.2019 as per Muslim rites. There is no child born out from the said wedlock. Immediately after the marriage, the in-laws of the prosecutrix started harassing her. The husband of the prosecutrix would also beat her and made unnatural relations with her on many occasions. The prosecutrix also came to know that her husband is having an affair with another girl and she tried to reason with him but the better sense did not prevail over him. This fact was also brought to the notice of the petitioner (father-in-law) by the prosecutrix and the petitioner assured the prosecutrix that he would try to reason with his son. The mother-in-law of the prosecutrix had already expired and on various occasions the prosecutrix would be alone at home with the petitioner. It is alleged in the FIR that on 24.06.2020 when the petitioner and the prosecutrix were alone at home, the petitioner caught hold of the prosecutrix and forcibly made physical relations with her. It is further alleged that even on subsequent occasions, the petitioner made relations with the prosecutrix. Later on, when the prosecutrix shared the alleged incident with her parents, they came to the matrimonial home of the prosecutrix. Thereafter, a complaint was made by the prosecutrix on 31.07.2020, on the basis of which abovementioned FIR was registered under Sections 323/376 IPC.

3. On the basis of the aforesaid FIR, the petitioner was arrested on 01.08.2020.

4. Earlier, the petitioner had filed a bail application being Bail Appln. 2116/2021 under Section 439 Cr.P.C. in the same FIR, before this Court. At that stage, since charges had not been framed and the prosecutrix had not been examined, the said application was dismissed vide order dated 21.10.2021. The court observed that as the petitioner is the father-in-law of the prosecutrix, the possibility of the petitioner threatening the prosecutrix could not be ruled out. However, considering the fact that the petitioner was in custody since 01.08.2020, the Trial Court was directed to expeditiously hear the arguments on charge as well as examine the prosecutrix, preferably within six months. The operative part of the said order reads as under:

"11. Looking at the fact that the petitioner is the father-in-law of the prosecutrix, the possibility of threatening the prosecutrix cannot be ruled out at this juncture.

12. Accordingly, Accordingly, the bai application is dismissed along with the pending application(s), if any. However, looking at the fact that the petitioner is in custody since 01.08.2020, the trial court is directed to hear the arguments on charge and examine the prosecutrix as expeditiously as possible, preferably within six months."

5. In deference to the directions of this Court, the learned Trial Court vide order dated 11.04.2022, framed charge for offences punishable under Sections 313/34 IPC against all the accused persons, namely, Ashim Raja (husband), Sikander (brother-in-law) and Ahshan Ali (father-inlaw/petitioner). Further, charge for offences punishable under Section 376(2)(f)/376(2)(n)/506 IPC was framed against accused Ahshan Ali (petitioner herein), charge for offences punishable under Section 354A IPC was framed against the accused Sikander and charge for offences punishable under Sections 377/323 IPC framed against accused Ashim Raja (husband).

6. Learned counsel for the petitioner at the outset submits that the present criminal case is an offshoot of matrimonial dispute. He submits that the alleged incident of rape is dated 24.06.2020, but was reported to the police only on 31.07.