- The Hon’ble Allahabad HC, in the case of Babu Khan vs State of UP has observed that it is very unnatural in Indian culture that a father-in-law would rape his own daughter-in-law in Indian culture.
- Justice Ajit Singh of the Allahabad HC has cited this as one of the reasons while granting the anticipatory bail to the applicant after his daughter-in-law filed a rape case against him and another man, under sections 376, 504, 506 and 511 of IPC.
- The FIR was lodged by the alleged victim against Babu Khan, her father-in-law, the present accused, and other co-accused, Mohammad Haroon. It was alleged that on 1-03-2008, at about 6 pm, the applicant along with the co-accused, came to the house of the victim’s brother, asking for his whereabouts, when she was alone. When she said that her brother was not at home, then Babu Khan started abusing her. It was further alleged that the victim tried to stop him, and the she was pushed on the bed, and both the accused tried to rape her.
- The Counsel for the appellant argued that Mohammed Haroon, a similarly placed co-accused, had already been granted anticipatory bail, and that the applicant was also entitled to get anticipatory bail on the ground of parity, since his case also stood on the same footing.
- The Hon’ble Court observed that without going into the merits of the case and taking into account the antecedents of the applicants and the nature of accusation, and also considering the fact that it is quite unnatural for a father-in-law to rape his own daughter in law alongwith some other person in our Indian Culture, and considering that the accusation was made with the intent to harm the accused’s reputation in the society, the accused should be released on anticipatory bail in the event of his arrest.
- The Court also placed reliance on the judgement of the Hon’ble SC in Sushila Aggarwal vs State (NCT of Delhi) 2020 SCC and Satendra Kumar Anil vs CBI (2021).
- Thus, the application for anticipatory bail was granted to the accused on his furnishing a personal bond with 2 sureties each, in the like amount of Rs. 25, 000.
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