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| HC grants pre-arrest bail to father-in-law in alleged rape case filed by daughter-in-law | | | Early Times Report
JAMMU, Apr 29: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court granted ad-interim anticipatory bail to the petitioner against whom charges are filed under heinous offence like rape filed by his own daughter-in-law. The FIR also includes other offences, including section 333, 76, 115(2), and 352 of BNS. Justice Sanjay Dhar after hearing Advocate Aseem Sawhney granted the anticipatory bail after noting that there is prima facie merit in the submissions made by the learned counsel for the petitioner, requiring the indulgence of the court in granting the bail.
During the course of hearing Advocate Aseem Sawhney submitted that the petitioner is 74 years old and at this age it was highly improbable that he would commit sexual assault on his daughter-in-law. The petitioner said that after the death of her husband (petitioner's son), the prosecutrix remarried and allegedly wants a share in the petitioner's property.
He further submitted that civil litigation for injunction over property is already pending, and an interim order favoring the petitioner was passed and claimed that the FIR and criminal case were a pressure tactic to grab his property.
It was further contended that the prosecutrix introduced new allegations during her statement under Section 164-A CrPC, stating that after the death of her husband, the petitioner had committed forcible sexual assault upon her on two occasions, which were not originally mentioned in the FIR.
The court issued notice to the respondent to file a response within six weeks and giving notice to the prosecutrix through the concerned SHO. The court in mean time directed that in the event of arrest of the petitioner in the aforesaid FIR, he shall be admitted to ad-interim bail in anticipation of his arrest.
The directed that bail be granted on furnishing a bail bond of Rs. 50,000 with one surety together with conditions that he shall be present in the court when required and will not tamper with the evidence.
The petitioner sought anticipatory bail and also challenged the chargesheet filed against him registered at Police Station Nowshera. The FIR was lodged by his daughter-in-law, alleging that the petitioner attempted to outrage her modesty by forcibly touching her and that both the petitioner and his wife assaulted her and tore her clothes. A challan was filed for offences under Sections 333, 64, 76, 115(2), and 352 of BNS. The petitioner earlier applied for anticipatory bail before the Principal Sessions Judge, Rajouri, which was granted to his wife but rejected for him, leading him to file the present petition before the High Court. —JNF |
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