In the present case, however, the Court noted that there has been a delay in the registration of the first information report (FIR) and that the parents of the minor victim have been at loggerheads, having filed multiple complaints against each other.
“It has to be kept in mind that in cases where the victim is a child, her statement has to be scrutinized with great care and caution as children can be easily swayed away and are prone to tutoring. It can also be a possibility that the statement is made at the behest of one of the parents. It is the duty of the Court to also examine and analyse other corroborative evidence and circumstances which are important to the case… The possibility of getting such complaint lodged, especially when the parents have history of matrimonial discord, cannot be ruled out. In the present case, as noted above, the parents of the victim have been at loggerheads and have filed multiple complaints against each other,” the Court went on to observe.
Justice Mahajan further noted that it is not alleged that the accused man was a a flight risk or that he would tamper with evidence if released on bail. Even if such apprehensions arise, they can be taken care of by putting appropriate bail conditions, the Court added.
The Court, therefore, granted anticipatory bail to the accused father.
Source: Barandbench
