The Allahabad High Court in its order dated May 18, 2022 granted anticipatory bail to a man accused of raping his daughter-in-law. The Court considered that the accusation has been made falsely with the object of injuring or humiliating father-in-law’s reputation in the society.
Alleged Victim (daughter-in-law) lodged an FIR against Babu Khan (father-in-law) and other co-accused Mohammad Haroon accusing them of raping her in the year 2018.
According to the complainant woman, her father-in-law visited her brother’s home along with the co-accused and asked if her brother was in the house at that time. When the woman said her brother had gone out, her father-in-law allegedly started abusing her and when the victim tried to stop him, he allegedly pushed her on the bed, and then both the accused tried to rape her.
Allahabad High Court
The High Court was dealing with Babu Khan’s anticipatory bail application after his daughter–in-law had charged him under:
- Section 376
- Section 511
- Section 504
- Section 506
…of the IPC.
Co-accused Mohammad Haroon had already been granted anticipatory bail by the High Court earlier, and thus Khan’s Counsel contended that his client was also entitled to anticipatory bail on similar grounds.
The bench of Justice Ajit Singh considered facts on record and remarked that it is quite unnatural that a father-in-law shall commit rape of his own daughter-in-law along with some other person in our Indian culture. Extending benefit of anticipatory bail to Babu Khan, the High Court went on to observe,
Considering that it is quite unnatural that a father-in-law shall commit rape of his own daughter-in-law along with some other person in our Indian culture, considering that the accusation has been made falsely with the object of injuring or humiliating his reputation in the society, benefit of anticipatory bail granted to accused-Babu Khan (father-in-law of the victim)
The accused was released on anticipatory bail on his furnishing a personal bond with two sureties each in the like amount of Rs 25,000 to the satisfaction of the Station House Officer concerned. Other conditions applied for anticipatory bail were:
- The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court and will co-operate in investigation
- The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court
- That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer
- The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant
- In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98
- The Judge in this case has granted anticipatory bail going by facts on record, however, in our opinion he should have refrained from making generic comments linking heinous offence of rape to Indian culture
- Such comments create unnecessary outrage in social media, because portals would pick up these statements and run them as clickbait headlines
- This may not give accurate justification of why the bail was granted
READ ORDER | Rape Accusation Made Falsely For Humiliating Father-in-Law's Reputation In Society; Allahabad HC Grants Anticipatory Bail— Voice For Men India (@voiceformenind) June 1, 2022
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