Noting 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, Allahabad High Court granted anticipatory bail to a man who is accused of raping his daughter-in-law with another man.
“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,” noted Justice Ajit Singh.
Justice Singh was hearing a bail plea filed by Babu Khan in connection to a case registered against him under Section 376, Section 511, Section 504 and Section 506 of Indian Penal Code.
The complainant registered a case against her father-in-law and another accused Mohammad Haroon. She alleged that her father-in-law along with the other accused came to her brother’s house and confirmed if her brother was there in the house or not.
In the complaint, it was mentioned further that 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 advocate representing the applicant submitted that the High Court had granted bail to the other co-accused and Babu Khan is also entitled to get anticipatory bail on the ground of parity.
“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,” the bench observed.
The High Court bench granted pre-arrest bail to the accused and issued directions to furnish a personal bond with two sureties each in the like amount of Rs. 25,000/- to the satisfaction of the Station House Officer concerned.
