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"Quite Unnatural That A Man Would Rape Daughter-In-Law Along With Someone In Indian Culture": Allahabad HC Grants Pre Arrest Bail

Sparsh Upadhyay
28 May 2022 2:32 PM GMT
Allahabad High Court, Advocates, Shouldnt Advise, Clients, Reagitate, No Error, Apparent, Record, condonation delay, Justice Dr. Kaushal Jayendra Thaker and Justice Vivek Varma,
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The Allahabad High Court last week granted anticipatory bail to a man accused of raping his daughter-in-law as the Court noted 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 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," the bench of Justice Ajit Singh observed as it extended the benefit of anticipatory bail to accused-Babu Khan (father-in-law of the victim).

Essentially, the Court was dealing with an anticipatory bail application filed on behalf of the applicant (Babu Khan) in connection with a case registered against him under sections 376, 511, 504 and 506 I.P.C.

The FIR in the case was lodged by the victim (daughter-in-law of the accused) against Khan (father-in-law) and other co-accused Mohammad Haroon. It was alleged by the victim that her father-in-law along with the co-accused came to the house of the victim's brother and asked if her brother is there in the house.

Further, when the victim said that her brother is not at home, then the father-in-law/accused started abusing her and when the victim tried to stop him, then she was pushed on the bed by him, then both the accused tried to rape her.

The Counsel for the applicant (Khan) contended that similarly placed other co-accused Mohammad Haroon had been granted anticipatory bail by the High Court and hence, he is also entitled to anticipatory bail on the ground of parity.

Against this backdrop, the Court granted him pre-arrest bail by observing thus:

"Without expressing any opinion on the merits of the case and considering the nature of accusations and the antecedents of the applicant, considering the gravity of the offence, 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., considering the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)...and in the case of Satendra Kumar Antil vs. Central Bureau of Investigation..."

He was directed to be 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.

Case title - Babu Khan v. State Of U.P.And Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3285 of 2022]

Case citation: 2022 LiveLaw (AB) 266

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