As time changes the shield which is given by the law is now used as a sword. The law which is made for the protection of women, but women are now using it as a weapon. The rise of false cases in the past few decades is rising. A similar observation was made by the Allahabad High Court in the 2019 case of Sandeep Kumar Mishra vs State of UP two men were granted bail to the accused of raping a woman.
In the case of Bharwada Bhoginbhai Hirjibhai v. State of Gujarat Supreme Court judge Justice Krishan Pahal said that a lot has changed since the judgment passed now a woman can’t get away with the public if she filed a false case.
The FIR was registered on August 5, 2019, in Meerut under sections 376-D, 342, and 506 of IPC against the accused; later the investigation was sent to the Varanasi district because the matter fell under this jurisdiction.
Advocates Pulak Ganguly, Virendra Kumar Mishra, and Sudhir Mehrotra appeared on the behalf of the applicant and argued that the victim doesn’t have any internal or external injuries to support her statement, and the matter was also filed so far where they live. Further, they said the applicant knew about the illegal activities carried out by her and Ashram her association. The matter was registered after a month which shows us her malicious intentions. The FIR was registered by Chandra Mohan, she used to live with him permanently in 2018.
The State of UP was represented by Government Advocates Aditya Yadav and Shivam Yadav argued that it is natural for a woman to file an FIR delay because of social pressure and that rape is a very serious crime it is very unlikely for women to file a false case in Indian society. Further, they said the story told by the applicant was false and fabricated by them.
The court after taking into account facts and circumstances that the accused be bailed and the application was also allowed.