The Allahabad High Court has remarked that the rights and opportunities afforded to victims under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act must not be misused or abused, while granting bail to two men accused of rape.
Justice Anil Kumar, in an order passed on November 24, allowed the bail pleas of Aznan Khan and Furkan Ilahi, citing an unexplained delay of nearly nine years in the filing of the FIR and taking note of what the court described as the “inappropriate” conduct of the complainant, who is herself a practising advocate.
According to the FIR, the victim alleged that Ilahi met her in 2016, took her first to a hotel and later to the residence of Khan. She alleged Ilahi raped her after Khan locked the door from outside. She further claimed the accused continued a physical relationship thereafter, assuring marriage, and also forced her to consume pills causing termination of pregnancy.
However, the FIR was lodged in 2025, almost nine years after the alleged incident. Counsel for the appellants argued that such a delay reflected legal consultation and that the complaint was a counterblast, noting that one of the appellants had already lodged a case against the victim in August. It was brought to the court’s attention that the complaint was filed only 20 days after proceedings were initiated against her.
The state argued that the delay stemmed from a false promise of marriage and that the victim had been under threat to withdraw the case.
The court observed that the victim, being an advocate who had registered multiple cases against the appellants and others, appeared to be acting in a manner that warranted scrutiny. Considering the delay, circumstances, and material placed before it, the bench held that the two accused were entitled to bail.
Before concluding, the bench issued a pointed remark regarding the manner in which provisions of the SC-ST Act were invoked.
The court stated:
“Before parting with this order, this court would like to mention that the opportunities and rights granted to a victim under the SC-ST Act, with an intention to afford the victim an opportunity to appear in each and every proceeding, should not be misused and abused.”
The matter now proceeds with the trial, while the appellants remain out on bail.
