Uttarakhand HC Grants Anticipatory Bail To Woman Accused Of Abetting Father-In-Law's Suicide By Lodging False Molestation Complaint Against Him
The Uttarakhand High Court recently granted anticipatory bail to a woman who allegedly abetted the suicide of her father-in-law by lodging a false molestation complaint against him. The woman had alleged that her father-in-law molested her daughter.Justice Ravindra Maithani observed that the both the complainant and accused side had filed transcript of the victim of the molestation and liberty...
"Anticipatory bail is a step to protect personal liberty of a person in the eventuality of arrest. Even otherwise, arrest is not a routine and mechanical exercise to be conducted by the Investigating Officer. There should be cogent reasons to arrest a person. The anticipatory bails are considered on various parameters including gravity of offence, tempering with the evidence, the impact on society, chances of repeat offence, etc."
Applicant submitted that no offence under Section 306 of IPC is made out and that the victim, i.e. the daughter of the applicant, in a video recording confirmed that she was molested by her grandfather.
Counsel for informant argued that according to a complaint filed by applicant in the competent court, her daughter was molested by the deceased in the year 2020. It is argued that in the month of December, 2021, proceedings under Section 107/116 of the Code of Criminal Procedure, 1973 were initiated against informant Ajay Bahuguna as well as against applicant. But, in those proceedings when parties entered into settlement, no allegations of molestation against the deceased were ever raised by the applicant.
"It is a case where according to the applicant-Anjali Bahuguna, her daughter was molested by her father-in-law, H.R. Bahuguna. A report was lodged on 23.05.2022. A complaint was also filed by applicant-Anjali Bahuguna against H.R. Bahuguna, her father-in-law and others. According to the informant, it was a false case. Both the parties have filed transcript of the victim of the molestation. On the one hand, according to the informant, the victim has stated that she was compelled to tell a lie against her grandfather, whereas according to the applicant, the victim still confirms that she was molested," the Court noted while allowing the application.
Case Title : Anjali Bahuguna & another Versus State of Uttarakhand & Others
Citation :2022 LiveLaw (Utt) 33