The sessions court has granted anticipatory bail to a man booked on the complaint of his estranged wife, who alleged that he gave their 12-year-old son champagne in 2022. The bail was granted after the court considered the boy’s statement, where he said his father had actually given him “sharbat”.
The man had approached the court for anticipatory bail after his wife filed a complaint on August 29. The couple has been separated since March 2020, and their son has been living with his mother.
According to the woman, on June 5, 2022 – her estranged husband’s birthday – he took their son to a party. She claimed that videos posted online showed the father giving their son champagne in front of guests. However, the father denied the allegations and argued that the complaint was filed two years after the incident. He also contended that his custodial interrogation was unnecessary.
The court reviewed the documents submitted, including those from the proceedings before the Child Welfare Committee in June 2022. The documents revealed that the mother had first filed a complaint with the committee in June 2022. During that hearing, the child stated he was given “sharbat,” and that nothing happened to him after drinking it. The case was closed following an undertaking from both parents.
The court observed that if the mother had objections, she should have filed the complaint at that time, rather than waiting two years. Given this delay, the court granted anticipatory bail, stating that custodial interrogation was not required.
Court Observations
Child stated that he received ‘sharbat’ not champagne
Delay in filing the complaint raised concerns about the mother’s objections
Previous proceedings indicated the child faced no adverse effects from the drink.
Custodial interrogation was deemed unnecessary, leading to the bail decision