Heinous & Betrayal: Allahabad High Court Denies Bail to Brother Accused of Raping His Real Sister
Pranav B Prem
The Allahabad High Court dismissed the bail plea of a man accused of raping his biological sister, emphasizing the grave nature of the crime, describing it as an “unforgivable betrayal of blood and trust.” The accused (Applicant) faced charges under Sections 376, 323, and 506 of the Indian Penal Code (IPC). According to the First Information Report (FIR) filed by the victim, the Applicant, along with their father, had been sexually abusing her for a span of 3-4 years. The Court, recognizing the abhorrent nature of the offence, found no justifiable reason to grant bail.
Justice Sanjay Kumar Singh, in a single-judge bench, stated, “Having heard learned counsel for the parties and examined the matter in its entirety, I find 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.” Advocate Satya Narayan Gupta represented the Applicant, while Additional Government Advocate Deepak Mishra appeared on behalf of the Opposite Party.
Brief Facts: The prosecution claimed that the victim, who was found to be five months pregnant as a result of the assaults, gathered the courage to report the matter to the 1090 helpline. The Applicant contended that he was falsely implicated and had been incarcerated since 2019. Conversely, the State opposed the bail application, emphasizing that the victim’s allegations were substantiated by her medical examination, which confirmed a pregnancy of 28 weeks and 06 days. Additionally, the FIR indicated that after raping the victim, her father had attempted to murder her.
Court’s Reasoning: The Allahabad High Court observed that the allegations of rape committed by the victim’s father and brother were “exceptionally rare and heinous in nature.” The Bench reiterated, “The hands of father and brother, meant to protect the dignity of his daughter and sister, became weapons of her destruction.” The Court also referenced the Supreme Court's ruling in X v. State of Rajasthan (2024), which stressed that bail should not be granted in serious crimes like rape once the trial has begun.
In conclusion, the Court ruled, “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.” Accordingly, the High Court rejected the Bail Application.
Cause Title: Pramod v. State of U.P.
Case No: CRIMINAL MISC. BAIL APPLICATION No. - 35616 of 2024
Date: January-15-2025
Bench: Justice Sanjay Kumar Singh
[Read/Download order]
