A man accused of rape was granted bail by the Jammu & Kashmir and Ladakh High Court after the complainant admitted in court that she is, in fact, his wife. The ruling came as the complainant did not object to the quashing of the case, leading the court to conclude that the accused, Ali Mohd, had grounds for release after spending nearly 18 months in custody.
Justice Rajnesh Oswal, presiding over the case, noted that although the allegations were severe, the complainant’s admission and her lack of opposition to the bail plea influenced the decision. The court acknowledged that the accused had been in jail since September 2023 and ruled that he should be released on bail.
Mohd had approached the court seeking both bail and the quashing of the FIR registered against him at Samba Police Station in September 2023. His defense argued that the case was filed as retaliation after he opposed a maintenance claim made by the complainant under Section 125 of the Code of Criminal Procedure in 2022.
With no resistance from the complainant regarding the bail plea, the court ruled in favor of his release. However, the petition challenging the FIR was withdrawn, allowing the accused to present those arguments at the trial stage.