The Allahabad High Court while rejecting the bail application said that sexual violence apart from being a dehumanizing act is an unlawful intrusion of the right to privacy and sanctity of a woman. It is often stated that a woman who is raped undergoes two crises: the rape and the subsequent trial.
A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by Arvind.
By means of the application under Section 439 of CrPC, applicant-Arvind who is involved in Case under Sections 376(2)N, 376(3), 328, 452, 323, 506 IPC and Section 5L, 5J/6 and 4(2) POCSO Act, Police Station Kyoladiya, District Bareilly seeks enlargement on bail during the pendency of trial.
As per the prosecution case, complainant who is mother of the victim has lodged an FIR on 09.07.2023 with regard to an incident which took place on 04.07.2023 for the alleged offence under Sections 376(2)N, 328, 120-B, 506, 452, 323 IPC and Sections 5L, 5J(ii) and 6 POCSO Act against the applicant and his family members making allegation inter-alia of rape with specific allegation that from the relation of the applicant, victim became pregnant and on the day of lodging FIR, she was having pregnancy of four months.
It is argued by the counsel for the applicant that in order to ascertain the biological father of the baby of the victim, samples for DNA examination were collected and as per DNA report, applicant and victim were found to be biological parents of the baby of the victim.
Thereafter vide order dated 30.07.2024, at the request made on behalf of the applicant that the applicant is ready to marry with the victim and he will also take care of her child, he was granted interim bail subject to condition that if the marriage does not takes place, then the applicant will surrender before the concerned court on or before 20.11.2024.
Since the marriage of the applicant and victim could not take place, therefore, the applicant had surrendered before the concerned court on 20.11.2024 and since then he is languishing in jail.
Lastly it is submitted by the counsel for the applicant that considering the detention period of the applicant, he may be enlarged on bail.
AGA opposed the prayer for bail of the applicant by reiterating the prosecution case as mentioned in the FIR by contending that the allegation against the applicant is heinous in nature, therefore, the bail application of the applicant is liable to be rejected.
Having heard counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that on account of making forceful physical relation by the applicant with the victim, she became pregnant and delivered a child. In the DNA report, the applicant was found to be the biological father of the baby of the victim, hence, prima-facie I do not find any good ground for false implication of the applicant, the Court observed.
The Court said that,
Sexual violence apart from being a dehumanizing act is an unlawful intrusion of the right to privacy and sanctity of a female. It is a serious blow to her supreme honour and offends her self esteem and dignity. It degrades and humiliates the victim and where the victim is a helpless innocent child, it leaves behind a traumatic experience. It is often stated that a woman who is raped undergoes two crises- the rape and the subsequent trial.
While the first seriously wounds her dignity, curbs her individual, destroys her sense of security and may often ruin her physically, the second is no less potent of mischief inasmuch as it not only force her to relive through the traumatic experience, but also does so in the glare of publicity in a totally alien atmosphere, with the whole apparatus and paraphernalia of the criminal justice system focused upon her.
“Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant severity of punishment and DNA report, I do not find any good ground to release the applicant on bail,” the Court further observed while rejecting bail application.