The Allahabad High Court has rejected bail to a father-son duo accused of raping the daughter/sister and impregnating her.
A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by Pramod.
By means of the application under Section 439 of CrPC, applicant Pramod, who is involved in Case under Sections 376, 323, 506 IPC, police station Saroorpur, district Meerut seeks enlargement on bail during the pendency of trial.
The facts of the case are that the victim herself lodged the first information report on 30.03.2019 for the alleged offence under Section 376D, 506 IPC against her brother (present applicant) and her father making allegation inter alia that they have been making physical relations with her for the last 3-4 years.
Whenever she tried to complain, they threatened and made her silent. She has pregnancy of about five months due to rape by her brother and father. Today she mustered courage and called 1090 and informed them about the said incident.
Main substratum of argument of the counsel for the applicant is that the applicant has been falsely implicated in the case and he has been languishing in jail since 04.04.2019 but his trial has not yet been concluded, therefore, considering his detention period, he may be enlarged on bail.
Per contra, AGA for the State vehemently opposed the prayer for bail of the applicant by contending that allegation of the victim is corroborated from her medical examination report, in which, she was found to have pregnancy of 28 weeks and 06 days.
It is also pointed out that at the time of medical examination of the victim, she had reiterated the prosecution case as mentioned in the first information report and also stated that her father after raping her had tried to kill her.
So far as the stage of trial of the applicant is concerned, it is submitted that out of 8 prosecution witnesses of the charge-sheet, 2 prosecution witnesses of the fact and 2 formal prosecution witnesses have been examined before the trial court.
Lastly, it is submitted that offence is heinous in nature, therefore, bail application of the applicant is liable to be rejected.
Having heard counsel for the parties and examined the matter in its entirety, the Court found that facts of this case and allegation of rape on victim by her real brother and father are very rare and heinous in nature. It is a case of an unforgivable betrayal of blood and trust. The hands of father and brother meant to protect the dignity of his daughter and sister became weapons of her destruction.
The court referred to the Supreme Court’s ruling in the case of X vs State of Rajasthan and another, has held that if the trial of the accused has started, his bail should not be granted in heinous offences like murder, rape and dacoity.
“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 as well as in the light of recent judgment of the Apex Court in the case of X vs State of Rajasthan (supra), I do not find any good ground to release the applicant on bail,” the Court further observed while rejecting the bail application.