This is a gross violation of legal provisions', Supreme Court overturned the order of Allahabad High Court.

Prayagraj. The Supreme Court recently canceled the bail granted by the Allahabad High Court to two accused of raping a minor. The top court observed that the victim was not given an opportunity to oppose the bail plea, which is a gross violation of legal provisions. According to a Bar & Bench report, a bench of Justices Bela M Trivedi and Satish Chandra Sharma said that the High Court had invoked Section 439 (1A) of the Code of Criminal Procedure and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST The bail was granted in a careless and superficial manner, ignoring the requirements of Section 15A(3) of the IPC.

Informant during bail hearing of persons accused of committing offense under section 439(1A), CrPC, section 376(3) (rape of girl under sixteen years of age) and relevant provisions of Indian Penal Code (IPC) Or the presence of their representative is necessary. Similarly, Section 15A(3) of the SC/ST Act obliges the Special Public Prosecutor to provide information about all court proceedings, including bail hearings.

The top court said that in this case, at the instance of the defendants, there has been a gross violation of the said statutory provisions contained in Section 439(1A) of the CrPC and Section 15A(3) of the SC/ST Act. The High Court in its order has also not considered the above mandatory requirement of both the Acts and has granted bail to the concerned defendants in a very careless and superficial manner and without assigning any concrete reason, although the concerned defendants are prima facie involved in very serious crimes. Are.

The Supreme Court was considering two criminal appeals filed by the victim, challenging the grant of bail to two accused of raping her in 2021. The charges include sections 323 (causing hurt), 363 (kidnapping), 376DA (gang rape of a female under sixteen years of age), 506 (criminal intimidation), and section 392 (robbery) of the Indian Penal Code, for sexual offenses against children. Charges have been imposed under the Protection of Children from Sexual Offenses Act, 2012 (POCSO Act) and SC/ST Act.

The victim argued that the High Court granted bail without impeaching her or ensuring her presence, thereby violating Section 439(1A) of the CrPC and Section 15A(3) of the SC/ST Act. The Supreme Court found these arguments correct and said that the High Court had granted bail in a superficial manner, ignoring the mandatory procedural safeguards to protect the rights of the victim.

Therefore, it allowed the appeal and canceled the bail orders passed by the Allahabad High Court. Both the accused were ordered to surrender before the respective trial courts by December 30.