Egregious Violation Of Familial Trust & Moral Integrity: Allahabad HC Refuses Bail To Man In POCSO Case Involving Minor Sister-In-Law

The Court declined to grant bail under Section 439 of the CrPC to the husband (Applicant) accused under Sections 498A, 323, 504, 506, 363, 366A, 427 and 376(2)(N) of the IPC, Sections 5(L) and 6 of the Protection of Children From Sexual Offences Act (POCSO Act) and Sections 3 and 4 of the Dowry Prohibition Act.

A Single Bench of Justice Sanjay Kumar Singh held, “This Court cannot overlook the gravity of the conduct of the applicant, where he is engaged in an illicit relationship with his minor sister-in-law. Such behaviour not only constitutes a breach of the sacred bond of marriage but also represents an egregious violation of familial trust and moral integrity. The sanctity of marriage is a cornerstone of societal and familial harmony, and any act undermining it causes profound emotional and psychological harm.”

Advocate Vishvajit Tiwari represented the Applicant, while Advocate Ashish Dwivedi appeared for the Opposite Party.

Brief Facts

As per the Prosecution, the wife of the Applicant had registered an FIR against the Applicant, her mother-in-law and father-in-law alleging that after she gave birth to a daughter, her husband used to harass and beat her every day after drinking alcohol on the pretext of bringing less dowry.

It was alleged that on account of the harassment, she was living in her parental home. The Prosecution submitted that the Applicant enticed away his minor sister-in-law, regarding which, an FIR was lodged and the Applicant was sent to jail. After being released on bail, it was alleged that he again lured the minor sister-in-law on the pretext of taking her home.

Court’s Reasoning

The High Court declined to grant bail under Section 439 of the CrPC noting the Applicant’s disregard for his responsibilities both as a husband and as a family member.

“The applicant's actions have inflicted severe traumas upon the wife, shattering her trust and dignity, and have irreparably strained the relationship between two sisters. This Court notes that such behaviour disrupts not just the marital relationship but the broader family unit, leading to discord and instability. The act of the applicant reflects a disregard for these foundational principles and for his responsibilities both as a husband and as a member of the family. Such conduct is unequivocally condemned by both the societal norms and the law,” the Court remarked.

The Bench explained that the consent of the minor child is immaterial under the law. It further noted that the alleged instance was a second incident in which the Applicant enticed the minor victim. “In view of Section 29 of the Protection of Children From Sexual Offences Act, presumption shall also be drawn against the accused-applicant unless contrary is proved by the accused,” it noted.

Consequently, the Court held, “Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, criminal history of the applicant, nature of injury and severity of punishment, I do not find any good ground to release the applicant on bail.”

Accordingly, the High Court rejected the Bail Application.

Cause Title: Devideen v. State Of U.P. & Ors. (Neutral Citation: 2025:AHC:188)

Appearance:

Applicant: Advocates Vishvajit Tiwari and Yogesh Mishra

Opposite Party: Advocates Ashish Dwivedi and Shivam Dubey

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