Noting contradiction in MLC and Statement of daughter, Court grants anticipatory bail to father

The court also noted that there is a matrimonial dispute between the accused and his wife. At the time of MLC, the mother was alongwith the daughter at the hospital.

Special Judge (POCSO) Sachin Jain, after noting the contradiction and hearing the submissions, granted bail to the accused and asked him to join the investigation and cooperate in it.

While granting anticipatory bail the court observed, "The victim is only 4 years of age. Neither in the memorandum of the statement nor in the statement recorded before the magistrate under section 183 BNSS did the victim allege any act of penetrative sexual assault against the applicant accused."

On a query to the IO on what basis provisions of rape, penetrative sexual assault havebeen evoked in the present case, she answered that at the time of examination at DDU hospital, the victim gave a history of oral sex by the father and the grandfather and multiple incidents of bad touch.

After reviewing the brief description of the MLC, the court observed that the victim's mother was with her, and the medical was done on 8.2.2025. However, as already discussed, in complete contrast to the version mentioned in the MLC, the victim did not level any such allegation in her statement to the magistrate, recorded on 10.02.2025, which carries more weightage over other statements.

"As per the investigation done so far, and the allegations found mentioned in the memorandum statement as well as the statement before the court, nothing incriminating has to berecovered from the father, which requires his custodial interrogation, and the purpose will be best served if he joins the investigation and cooperates with the IO," the Special judge said in the order.

Consequently, in the event of arrest, the applicant is directed to be released on bail after furnishing a personal bond of Rs 20,000 with one surety in the like amount.

Advocate Tarun Narang, Counsel for the accused, argued that a matrimonial dispute is ongoing between the complainant's wife and the applicant's accused husband, and the present case is nothing but a pressure tactic adopted by the wife to falsely implicate the husband by using the four-year-old child as a tool.

Counsel submitted photographs from January 2025 in which the accused and victim/ daughter can be seen enjoying each other's company.

Additional Public Prosecutor opposes the bail application on the grounds that the heinous nature of the offence and that the interrogation of the accused is necessary for the purpose of investigation. (ANI)