Bombay HC Grants Anticipatory Bail To Cop Accused Of Divorcing Second Wife By Texting 'Talaq' Thrice [Read Order]

The Bombay High Court on Tuesday granted bail to a sub-inspector with Mumbai police accused by his second wife of divorcing her by forwarding a text message saying 'Talaq' three times. The officer has also been accused of committing forcible and unnatural sexual intercourse.

Justice Bharati Dangre was hearing the anticipatory bail application filed by Yusuf Shaikh, who is attached with the Ghatkopar Police Station and has been accused by his second wife of committing offences under Sections 376(2), 377, 323 and 504 of the IPC along with offence punishable under Section 3 of the Muslim Women Protection Act.

According to the complainant, the applicant officer was already married and had two children from his wife Parveen when he solemnised a marriage with her as per Muslim custom and practice on December 3, 2018. She conceived out of this marital relationship in January, 2019 but got an abortion at the insistince of the applicant. She again conceived and this time delivered a baby girl on December 12, 2019. Thereafter, the applicant forwarded a message on the complainant's mobile pronouncing 'Talaq' by sending the message thrice resulting in dissolution of marriage, the complainant alleged.

Moreover, the applicant police officer started avoiding her and refused to take care of their newly born daughter. Allegations of unnatural sexand forcible sexual intercourse have also been made by the complainant wife.

Justice Dangre noted-

"Going by the allegations in the complaint, it is not the case of the Complainant that she was forcibly made to enter into sexual relationship attracting the provisions of Section 376 as she has admitted that this was done after the marriage was performed as per the Muslim customs."

Court observed that divorcing his wife on phone would attract an offence under the provisions of Muslim Women Protection Act and the same is a bailable offence for which the applicant can be admitted to bail.

Finally, the Court said-

"As far as the offence under Section 376(2) is concerned, it amounts to forcible sexual intercourse. According to the Complainant, she had the sexual relations with the Applicant after performing the marriage as per the Muslim customs. In the circumstances, no custodial interrogation is necessary and moreover there are no chance of the Applicant fleeing. He is working as Police Sub Inspector in Ghatkopar Police Station in which the FIR is lodged on prima facie reading of FIR. The Applicant is entitled to be released on bail in the event of his arrest."

Thus, Court allowed the anticipatory bail application and ordered Shaikh to be released on bail on furnishing personal recognizance bond of Rs.25,000 with one or two sureties of the like amount.

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[Read Order]