Mumbai, January 27, 2022 – Saddam Anwar Sayyed has been granted bail by the Sessions Court for Greater Mumbai in a rape case. Additional Sessions Judge Sonali P. Agarwal (Court Room No. 41) issued the order on January 25, 2022.

Sayyed was arrested in connection with C.R. No. 890 of 2021, registered at the Shivaji Nagar Police Station, for offenses under Sections 376 (rape), 376(2)(n) (rape by a person in a position of authority), and 506(2) (criminal intimidation) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code¹ (IPC).

Background and Allegations:

The complainant, Sayyed’s wife, alleged that:

• She married Sayyed in 2014 and had two sons.
• After her mother-in-law’s death in 2018, her father-in-law threatened her and her children and sexually assaulted her.
• When she informed Sayyed, he told her to comply with his father’s demands.
• Sayyed also sexually assaulted her against her will.
• These assaults allegedly occurred repeatedly between January 2021 and July 2021.
• She left to stay at her mother’s house, and neither Sayyed nor his father contacted her.

Arguments Presented:

• Applicant’s Argument (Sayyed):
  • No such allegations were made during the seven years of their marriage.
  • There was a delay of 5-6 months in filing the FIR.
  • The complainant’s statement under Section 164 of the CrPC differed from the FIR.
  • The allegations against him fall under Exception 2 of Section 375 of the IPC (sexual intercourse by a man with his own wife, the wife not being under fifteen years of age).
  • He is the sole breadwinner of the family.
• Prosecution’s Argument:
  • The charge sheet has been filed.
  • Sayyed might threaten the complainant and other witnesses if released.

Court’s Reasoning and Decision:

Judge Agarwal considered the arguments and the evidence. The court noted:

• The FIR was filed after a significant delay.
• There were discrepancies between the FIR and the complainant’s statement under Section 164 of the CrPC, particularly regarding Sayyed’s alleged rape.
• The charge sheet had been filed, and Sayyed had no prior criminal record.
• Therefore, the court concluded that continued detention was unnecessary.

Bail Conditions:

Sayyed was granted bail upon furnishing a personal bond and surety bond of Rs. 15,000. The following conditions were imposed:

• Sayyed must not threaten or harm the complainant.
• He must not tamper with prosecution evidence.
• He must not influence witnesses.
• He must provide his mobile number, phone number, and all addresses to the Investigating Officer and must not change them.

Order Details:

The order was dictated, transcribed, and signed on January 25, 2022. The certified copy was uploaded on January 27, 2022, at 11:33 a.m.

This decision reflects the court’s consideration of the delay in filing the FIR, the discrepancies in the complainant’s statements, and the completion of the investigation, along with the imposition of conditions to ensure Sayyed’s cooperation and prevent potential interference with the legal process.