ORDER

This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No.1198/2022 registered at Police Station Khajrana, Indore (MP) for offence punishable under Section 498-A, 377, 34 of the Indian Penal Code, 1860 and Section 3/4 of Dowry Prohibition Act, 1961.

Allegations against the applicant who is a software Engineer, are that apart from the cruelty under Section 498-A of IPC, he also resorted to the unnatural sex with his wife/the prosecutrix.

In brief, the facts of the case are that the marriage of the applicant and the prosecutrix was solemnized as per the Muslim Law on 19/12/2018 at Indore, when the applicant was working as a software Engineer in Abu Dhabi although no documents regarding the same have been filed on record. The applicant's family resides at Bangalore and it is alleged by the prosecutrix in her FIR that on their first night only, the applicant forced her to have oral and anal sex despite strong objection by the prosecutrix. On 23/12/2018, they left for Singapore for their honeymoon and there also from 23/12/2018 to 29/12/2018, the prosecutrix was subjected to oral and anal sex everyday. On 29/12/2018, they went to Abu Dhabi, where also, she was treated with cruelty by the applicant and was forced to have oral sex. He also used to beat her and also used to have sex with her in various positions which led to extreme bodily pain to the prosecutrix and as he used to treat her like an animal. He also used to force her to watch porn films and force her to do as in the films only. He also used to take her photographs and videos while doing such acts. He also used to ask her to befriend other foreign girls residing in the building so that she can bring them to him. He also used to lock the flat while going to work and never allowed her to move outside. Prosecutrix has also stated that on 10/04/2019, he sent her to Bangalore and thereafter also came to Bangalore on two occasions and there also, he forced her to have oral and anal sex. His family members also used to teat her with cruelty on account of insufficient dowry. She also tried to complain the ill treatment meted out to her by the applicant to his parents, to which, they told her that she has to act according to his wishes only.

Counsel for the applicant has submitted that the applicant is a well educated person (although his qualifications have not been mentioned)and the allegations levelled against him are motivated only as the FIR itself has been lodged after an inordinate delay as the applicant has already divorced the prosecutrix by sending notices to her in accordance with the Muslim Law on 29/06/2022, 29/07/2022 and 29/08/2022, whereas the FIR has been lodged on 27/11/2022 and despite the fact that the allegation of the prosecutrix that she was subjected to unnatural sex on their first night of marriage i.e. on 19/12/2018, no such grievance was ever raised by the prosecutrix. It is also submitted that there is no medical evidence available on record which may indicate that the prosecutrix was ever subjected to unnatural intercourse. In support of his submissions, counsel for the applicant has relied upon the decision rendered by the High Court of Chhattisgarh, Bilaspur in WPCR No.508/2021 dated 29/10/2021 in the case of Kailash Sonkar and others Vs. State of Chhattisgarh and another. Hence, it is submitted that the application be allowed and the applicant be released on anticipatory bail.

Counsel for the respondent / State as well as the objector, on the other hand, have opposed the prayer and it is submitted that no case for anticipatory bail is made out as the applicant has committed the offence under Section 377 of IPC and merely because there is no medical evidence, it cannot be a ground to reject the serious allegations levelled by the prosecutrix against the applicant.

Counsel for the objector has also drawn the attention of