The court said the decision was made after “considering the nature of the charges and the applicant’s background, given the seriousness of the offence, considering that it is completely unnatural for a stepfather to commit the rape of one’s own daughter-in-law with another person in our Indian culture”.
Granting early bail to a man who, along with another person, was accused of raping his own daughter-in-law, Judge Ajit Singh observed: “Without expressing any opinion on the merits of the case, considering that the charge was wrongfully brought with the intention of hurting or humiliating his (the petitioner’s) reputation in society, and also taking into account the decisions of the Supreme Court, early bail is granted.”
“If the petitioner is arrested, he will be released on early bail if he meets certain conditions,” the court added in its May 18 order.
The woman alleged in the FIR gave evidence under section 376 (rape) and other sections of the Indian Penal Code at a police station in Saharanpur district that her father-in-law and the co-accused had arrived at her brother’s house while that she was alone and had asked where her brother was. The woman claimed that when she informed them he was not home, her stepfather started abusing her and when she protested he pushed her onto a bed and tried to rape her, just like the other man.
During the court proceedings, the applicant’s lawyer maintained that the other co-accused had already been granted early bail. The petitioner’s case is on an equal footing and therefore the petitioner is also entitled to early bail on parity grounds, the lawyer said, adding: “The petitioner is confident that ‘he can be arrested by the police at any time (sic).’