In a significant ruling, the Allahabad High Court, presided over by Justice Sanjay Kumar Singh, denied bail to a father and son accused of repeatedly raping and impregnating their daughter and sister, respectively. The court strongly condemned the alleged crime as an “unforgivable betrayal of blood and trust,” emphasizing the egregious nature of the allegations and their impact on familial sanctity.
Case Background
The case, registered as Criminal Miscellaneous Bail Application No. 35616 of 2024, arose from an FIR lodged on March 30, 2019, at Saroorpur Police Station, Meerut. The victim, showing extraordinary courage, accused her father and brother of subjecting her to sexual assaults over a span of three to four years. According to her statement, they threatened her into silence and continued their exploitation.
Her ordeal came to light when she contacted the women’s helpline (1090), leading to police intervention. The victim’s medical examination corroborated her claims, confirming she was five months pregnant at the time due to the assaults.
Pramod, the brother, has been in custody since April 4, 2019, and his counsel sought bail citing the prolonged detention and delay in trial proceedings.
Important Legal Issues
The case raised critical legal questions, including:
1. Bail Consideration in Heinous Crimes
Whether an accused involved in a heinous offense like rape should be granted bail, particularly when the trial is underway.
2. Credibility of Evidence and Victim’s Statement
The extent to which corroborative evidence, such as medical findings and the victim’s testimony, influences bail decisions in such cases.
3. Judicial Responsibility in Delayed Trials
The balance between the rights of the accused to a fair trial within reasonable timeframes and the need for justice in heinous crimes.
Observations of the Court
Justice Sanjay Kumar Singh, addressing the legal issues, remarked on the severity and rarity of the allegations, stating:
“The hands of a father and brother, meant to protect the dignity of their daughter and sister, became weapons of her destruction. It is a case of an unforgivable betrayal of blood and trust.”
Referring to Supreme Court precedent in X vs. State of Rajasthan and Another (2024 SCC OnLine SC 3539), the court observed that bail in heinous offenses like rape should not be granted once the trial has commenced, as such crimes profoundly undermine societal norms and individual rights.
The court also emphasized the responsibility of judicial and police authorities to ensure timely justice, noting that prolonged delays in trials could not justify the release of accused individuals in serious offenses.
Decision of the Court
After considering the arguments, evidence, and the gravity of the allegations, the court denied bail to Pramod. Justice Singh emphasized that the victim’s allegations, supported by medical evidence, painted a grim picture of betrayal and abuse. The court stated:
“Considering the overall facts and circumstances of the case, the gravity of the offense, and the role assigned to the applicant, there is no good ground to release the applicant on bail.”
However, the court expressed concern about the delay in trial proceedings. To address this, it directed the Senior Superintendent of Police (SSP), Meerut, to ensure the presence of prosecution witnesses on scheduled dates. It further instructed the trial court to record witness statements on the same day, without granting adjournments to either party, ensuring an expedited trial process.
