ALLAHABAD: It would be most imperative to note that in a most significant move with very far reaching implications, the Lucknow Bench of the Allahabad High Court in a most learned, laudable, landmark, logical and latest judgment titled XXX through her mother YYY vs State of UP Thru. Prin. Secy. Deptt. Of Home And Another in Criminal Misc.
Bail Cancellation Application No.-31 of 2022 in Neutral Citation No.- 2024:AHC-LKO:65194 that was pronounced just recently on 20.09.2024 has rejected a wife’s plea seeking cancellation of bail granted to her husband who she has accused of raping their minor daughter. It must be noted that the Single Judge Bench comprising of Hon’ble Mr Justice Pankaj Bhatia also imposed a heavy cost of Rs 20, 000 on her as it prima facie noted that in the order granting bail to her husband/accused, the lower court had observed that the allegations levelled by the applicant-wife were bald and reckless. The Bench minced just no words to hold most unambiguously that, “This court has no hesitation in holding that the present applicant has from the very inception misused the process of law in making reckless allegations.”
To put it differently, it must be said that those woman who have a proclivity to level false allegations against the husband or against any other men and seek to use penal laws as a potent tool to wreak vengeance must now be very careful and must definitely now read this judgment in its entirety many times to comprehend fully that how they can themselves land in deep trouble if they dare to speak lies in court and level serious or bald allegations against a husband or any other men without any bona fide reason most recklessly! There can be just no gainsaying that the Lucknow Bench of Allahabad High Court has clearly demonstrated in this leading case that even if a woman ever dares to venture to take the court for a ride by easily misguiding them then they too would be also made to definitely pay very heavy costs for their misadventure! Very rightly so! The Lucknow Bench also made it indubitably clear in holding that the cancellation of bail is a serious matter that affects the life and liberty of the accused and should not be interfered with casually as the present applicant-wife seeks. There can be just no denying or disputing it!
At the very outset, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Pankaj Bhatia sets the ball in motion by first and foremost putting forth in para 1 that, “Heard the counsel for the applicant-complainant, Sri Vinod Kumar Tiwari who appears for the accused as well as learned AGA and perused the record.”