Mumbai, Maharashtra – May 11, 2022 – A Mumbai court has granted bail to Ajay Ramsahay Patwa, a 40-year-old businessman, who was arrested in connection with a case of alleged domestic and sexual abuse filed by his sister-in-law. The Additional Sessions Judge, Sonali P. Agarwal, presiding over the Greater Mumbai Sessions Court, granted bail after considering the delay in filing the First Information Report (FIR) and the nature of the allegations.
Patwa was arrested in connection with Crime No. 12/2022, registered at Dharavi Police Station, under sections 376 (rape), 377 (unnatural offences), 498(A) (cruelty by husband or relative of husband), 354 (assault or criminal force to woman with intent to outrage her modesty), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), 506(2)1 (criminal intimidation),2 and 509 (word, gesture or act intended to insult the modesty of a woman) read with 34 (acts done by several persons in furtherance of common intention)3 of the Indian Penal Code (IPC), and sections 3 and 4 of the Dowry Prohibition Act, 1961.
The complainant, Patwa’s sister-in-law, alleged that she was subjected to years of physical, sexual, and mental abuse by her husband, father-in-law, mother-in-law, and brother-in-law, including the accused, Ajay Patwa. She claimed that her husband forced her into unnatural sex, causing severe injuries, and that she witnessed him and another relative in a compromising position. She also alleged that her father-in-law made obscene gestures towards her and that she was pressured to engage in sexual relations with him and her brother-in-law.
The complainant further alleged that in July 2021, while sleeping, she was sexually assaulted by Ajay Patwa, who she discovered in her bed in a naked state. She claimed that when she reported the incident, she was threatened and eventually driven out of her matrimonial home.
Patwa, through his counsel, Advocate Kuldeep Shankarrao Patil, argued that the complainant’s allegations were fabricated due to family disputes and her unwillingness to adjust to a joint family. He pointed out that the complainant’s parents lived near the matrimonial home, raising questions about why she did not report the alleged incidents earlier. He also highlighted the significant delay of over a decade in filing the FIR.
The prosecution, represented by APP Mrs. Meera Choudhary-Bhosale, stated that the charge sheet had been filed. However, the court took into consideration the arguments presented by the defense, particularly the delay in filing the FIR, the proximity of the complainant’s parental home, and the specific nature of the allegations against Patwa, which included fingering, fondling, and kissing, without reported physical injuries.
The court also noted Patwa’s claim that he had moved to a separate residence with his wife in 2020, suggesting a potential breakdown of familial relations. Emphasizing the absence of any prior criminal record for Patwa, the court concluded that the possibility of the FIR being a result of strained relations could not be ruled out.
Granting bail, Judge Agarwal stated, “It is a matter of trial whether accused committed such offence. There are no criminal antecedents of accused brought on record. Considering such circumstances, it will be proper to release accused on bail on some conditions.”
Patwa was granted bail on a personal bond and surety bond of Rs. 15,000, with conditions that he must not threaten or cause injury to the complainant, tamper with prosecution evidence, or influence witnesses. He was also directed to provide his contact details to the investigating officer and inform them of any changes.
The case highlights the complexities of domestic abuse cases, particularly those involving allegations of prolonged abuse within joint families. The court’s decision underscores the importance of considering all aspects of the case, including the timing of complaints and the dynamics of familial relationships, while upholding the principles of justice and fairness. The case will now proceed to trial, where the allegations will be thoroughly examined.