In a shocking and unprecedented case, the Allahabad High Court denied bail to a father and son accused of committing sexual offenses against their daughter and sister, respectively. The court deemed the allegations as a severe breach of familial trust and highlighted the gravity of the crime.
Case Background:
The incident, registered as Case Crime No. 90 of 2019, came to light when the victim, showing immense courage, lodged an FIR on March 30, 2019, at the Saroorpur Police Station in Meerut, Uttar Pradesh. The victim accused her father and brother of sexually assaulting her repeatedly for three to four years.
According to her statement, whenever she attempted to resist or complain, she was silenced through threats. Her ordeal surfaced when she contacted the women’s helpline (1090), which prompted immediate police intervention. A subsequent medical examination corroborated her claims, revealing that she was five months pregnant at the time.
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Legal Proceedings:
The case progressed under the purview of Justice Sanjay Kumar Singh of the Allahabad High Court. The father and son duo were charged under various sections of the Indian Penal Code (IPC), including Section 376D (gang rape), Section 323 (voluntarily causing hurt), and Section 506 (criminal intimidation).
The brother, Pramod, was arrested on April 4, 2019, and has been in custody since then. His counsel sought bail, citing the prolonged trial duration and detention period. However, the Additional Government Advocate opposed the bail plea, arguing that the allegations were supported by substantial evidence, including medical findings and witness testimonies.
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Court Observations:
The Allahabad High Court meticulously reviewed the case and remarked on the rare and heinous nature of the allegations. Justice Sanjay Kumar Singh emphasized:
“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 the Supreme Court ruling in X vs. State of Rajasthan (2024 SCC OnLine SC 3539), the bench noted that bail in heinous crimes such as rape should not be granted, particularly when the trial is underway.
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The court also highlighted the need for judicial responsibility in ensuring timely trials for serious offenses. Prolonged delays, while concerning, were not sufficient grounds to release the accused on bail in such grave matters.
Court Verdict:
After considering the evidence, the nature of the crime, and the victim’s testimony, the High Court denied the bail application. Justice Singh 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.”
Instruction for Expledited Trial:
The court took note of the delayed trial proceedings and directed the Senior Superintendent of Police (SSP), Meerut, to ensure the production of the remaining prosecution witnesses on the designated dates. It also instructed the trial court to record witness statements on the same day to prevent unnecessary adjournments, expediting the judicial process.
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Conclusion:
This case serves as a grim reminder of the responsibilities entrusted to family members and the devastating consequences of their betrayal. The Allahabad High Court’s decision underscores the need to uphold justice for victims of such heinous crimes while ensuring timely trial proceedings.
