Mumbai, April 28, 2022 – The Additional Sessions Judge Sonali P. Agarwal rejected the bail application of Usama Mohammad Ayyub Shaikh, accused in a case involving marital rape, domestic violence, and other offenses. The court cited the seriousness of the allegations, the ongoing investigation, and the potential for the accused to tamper with evidence or witnesses as reasons for denying bail.

Shaikh was arrested in connection with Crime No. 165/2022, registered at V.B. Nagar Police Station, for offenses under Sections 498(A) (cruelty by husband or relative of husband), 377 (unnatural offenses), 342 (wrongful confinement), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace),¹ and 506 (criminal intimidation), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

According² to the prosecution, Shaikh and the complainant had a love marriage on January 1, 2022. The complainant alleged that after marriage, she was subjected to physical and sexual abuse, including unnatural sex, and was confined to the matrimonial home. She also alleged that Shaikh demanded money and threatened her. On April 11, 2022, her brother, accompanied by the police, rescued her from the matrimonial home.

Shaikh, through his advocate Wahab Khan, sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that the marriage was consensual, the complainant was not ill-treated, and her family had coerced her into filing a false complaint.

The complainant, appearing as an intervener, opposed the bail, expressing concerns about witness tampering and the recovery of intimate photos allegedly taken by the accused.

The prosecution, represented by Additional Public Prosecutor (APP) Meera Choudhary-Bhosale, also opposed the bail, citing the potential for the accused to threaten witnesses and abscond.

Judge Agarwal, after hearing all parties and reviewing the record, noted the following:

• The marriage occurred in January 2022, and the FIR was filed within five months.
• The complainant was rescued from the matrimonial home by her brother and the police.
• The complainant alleged confinement, physical and sexual abuse, and demands for money.
• The complainant expressed concerns about intimate photos in the accused’s possession.
• The complainant’s 164 Cr.P.C statement was yet to be recorded.

“These are serious allegations that informant was confined in the matrimonial house and then accused was having unnatural sex with her and also beating and abusing her for money. The circumstances that police and informant’s brother has came to rescue her even though she had love marriage with accused and she has to file FIR, prima faciely it shows that this is not a false FIR. Yet statement of informant under section 164 Cr.P.C. is to be recorded. Informant has also stated that her nude photos are lying with accused. Considering all these allegations and circumstances, it appears, yet investigation is not complete. If at this stage accused is released on bail then there is every possibility that he will threaten witnesses and informant and abscond and tamper evidence.” Said Judge Agarwal.

The court emphasized the seriousness of the allegations, the ongoing investigation, and the potential for the accused to tamper with evidence or witnesses if released.

Consequently, the court rejected Shaikh’s bail application.

“Criminal Bail Application No.914 of 2022 is rejected. Criminal Bail Application No.914 of 2022 stands disposed of accordingly.” Judge Agarwal ordered.

The order was dictated, transcribed, and signed on April 28, 2022, and uploaded on April 30, 2022, as certified by stenographer Subhash Sukhdeo Poul.

This ruling highlights the judiciary’s approach in considering the gravity of allegations and the stage of investigation when deciding bail applications in cases involving marital violence and sexual offenses. It also underscores the court’s concern about the potential for witness tampering and the destruction of evidence.