Gujarat High Court Rejects Anticipatory Bail for Gurugram Millionaire in Marital Rape Case
The Gujarat High Court has firmly denied anticipatory bail to a wealthy businessman from Gurugram. This man faces serious accusations from his wife, including repeated rape, forced unnatural sex, and extreme cruelty during their marriage.
Shocking Allegations from an Ahmedabad Resident
A woman residing in Ahmedabad filed a detailed complaint with the city's Detection of Crime Branch (DCB). She named her husband, along with her father-in-law and mother-in-law, in the case.
Her allegations are severe and graphic. She claims her husband subjected her to sustained sexual assault. She also accuses her father-in-law of molestation. Furthermore, she states all three family members harassed her for more dowry.
In one of the most disturbing claims, the woman alleged her husband branded her private parts with lit cigarettes.
A Troubled Marriage and a History of Accusations
The couple married in 2022. For the woman, it was her first marriage. For the man, it was his second.
Significantly, the complaint reveals that the husband's first wife had also made similar accusations against him. This history played a crucial role in the court's decision.
The Husband's Defense and the Court's Scrutiny
Fearing arrest, the husband approached the High Court seeking anticipatory bail. He presented himself as a successful business tycoon and multi-millionaire. He lives in a large Gurugram bungalow and leads a luxurious lifestyle, running corporate guest houses.
He argued the criminal case stemmed from a simple matrimonial dispute. He denied all allegations made by his wife.
The wife's lawyer strongly opposed the bail plea. The lawyer highlighted the allegations of forced unnatural sex. He also argued the husband failed in his duty to protect his wife from alleged exploitation by her father-in-law.
Justice Joshi's Powerful Observations on Consent and Bodily Freedom
After hearing both sides, Justice D A Joshi delivered a landmark order. The judge made powerful observations about consent within marriage.
"No doubt, marriage was seen as an automatic grant of sexual consent for decades," Justice Joshi stated. "However, modern legal frameworks increasingly recognise the bodily freedom of an individual, even within a marital relationship."
The judge emphasized that intimacy must be consensual and mutually respectful. "Having unnatural sex by any spouse against the will and wish of the other partner not only causes immense physical pain, but also results in mental and emotional trauma to the non-consenting spouse," the order noted.
Court Recognizes the Courage of the Complainant
The court acknowledged the difficulty for women to come forward with such sensitive issues. "We do understand that no woman in our civilised and cultured society would come forward and confront such sensitive issues in public until the level of harassment and abuse goes beyond her tolerance," Justice Joshi observed.
The court found the record indisputable. It showed the applicant had married a second time, and his first wife had made similar allegations. "This shows that the applicant is a repeat offender and habitual in committing such acts," the order stated.
Bail Plea Rejected: Not a Simple Matrimonial Dispute
Ultimately, the High Court rejected the anticipatory bail plea. The bench concluded this was not a routine family quarrel.
"It appears that the present case is not a simple matrimonial dispute. Prima facie, it seems to be something beyond the general and usual allegations often made in matrimonial disputes by the wife," the court said.
This ruling from the Gujarat High Court sends a strong message. It underscores that legal protections for bodily autonomy and consent apply fully within the institution of marriage.
