The Bombay High Court on Tuesday granted anticipatory bail to a police sub-inspector accused by his second wife of divorcing her by messaging her ‘talaq’ thrice on the phone, just after she had delivered a baby.

A single-judge Bench of Justice Bharati Dangre was hearing an anticipatory bail plea filed by Yusuf Usman Shaikh, a sub-inspector with the Ghatkopar police station. His second wife has filed an FIR against him under Sections 376 (2) (police officer commits rape), 377 (unnatural offences), 323 (punishment for voluntarily causing hurt) and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code, along with Section 3 (talaq to be void and illegal) of the the Muslim Women Protection of Rights on Marriage Act.

The complaint said Mr. Shaikh has two children with his first wife. He remarried, and when his second wife became pregnant in January 2019, he told her to terminate the pregnancy. She conceived again and delivered a girl on December 12, 2019.

Soon thereafter, Mr. Shaikh sent her three messages on her mobile pronouncing ‘talaq’. He started avoiding her and refused to provide for the newborn baby, the complaint said. The complaint also included allegations of unnatural sex.

The court noted that the complainant was not forced into a sexual relationship and has admitted the couple had relations after getting married as per Muslim customs. The case thus did not attract the provisions of Section 376(2) relating to rape, the court said.

The allegation that she was divorced on phone attracts a different provision, as per which the offence is bailable. The court said no custodial interrogation is necessary, and moreover there is no chance of the applicant fleeing, and directed that he be released on bail by furnishing a bond of ₹25,000.

Source: Read Full Article