SC cancels bail granted to two men by Allahabad HC in minor's gangrape case
New Delhi (PTI): The Supreme Court has set aside the Allahabad High Court order granting bail to two persons, accused of kidnapping and gangraping a 14 year-old minor, and expressed displeasure for not making the survivor a party during the bail plea hearing.
A bench comprising Justices Bela M Trivedi and Satish Chandra Sharma asked the accused – Khargesh alias Golu and Karan – to surrender before the trial court on or before December 30.
The bench in the process allowed the survivor's plea, filed through advocate Pranav Sachdeva, seeking cancellation of the bail granted by the Allahabad High Court.
Taking a strong exception to the fact that neither the accused nor the public prosecutor nor the Allahabad HC informed the minor survivor about the bail hearing, the bench said, "In the instant case, there is gross violation of the said statutory provisions contained in Section 439(1A) of CrPC and Section 15A(3) of the SC/ST Act, at the instance of the respondents."
The high court in the impugned order also did not consider the mandatory requirement of both the Acts and granted bail to the respondents in a very casual and cursory manner, without assigning any cogent reasons, though they were prima facie involved in a very serious offence, noted the bench's order on December 13.
The apex court held the bail orders were in "utter disregard" of the mandatory provisions of Code of Criminal Procedure and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act while setting them aside.
"It appears that the respondents concerned -- accused had not impleaded the present appellant as the party respondent in the bail proceedings filed by them before the high court, and the public prosecutor concerned also had not informed the appellant victim about the said proceedings,” it said.
Referring to the legal provisions, the bench said the presence of the survivor or any person authorised by him or her was obligatory at the time of hearing of the application for bail to the person in cases related to rape and gangrape.
"Similarly, it is also mandatory on the part of the special public prosecutor of the state government to inform the victim about the court proceedings, including bail proceedings as contemplated in sub-section (3) of Section 15A of the SC/ST Act,” the bench said.
According to the plea, the minor had known the accused persons, who were her neighbours, for a long time and on July 27, 2021, one of them, Karan, forced her to meet near a temple on the pretext of going to a park.
Three other accused persons later came in a car and took her to a flat, where they took turns to rape her and "brutally assaulted" her when she tried to raise an alarm, the plea said.
The trial court, on September 13, 2021, dismissed the bail plea of one of the accused on the ground that the survivor's supported the case in her statement.
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4 held for sexually assaulting woman, girl on moving bus after social media alert in UP's Agra
Agra (UP) (PTI): Four people were arrested, after a prompt response by police following a social media alert, for allegedly sexually assaulting a woman and a girl inside a moving bus here, officials said on Tuesday.
According to an official police statement, at 12:27 am on April 27, information was received on the social media platform X about an incident of sexual assault on a bus travelling from Kanpur to Ahmedabad, which was approaching Namner crossing in Agra.
Acting under the direction of Police Commissioner Deepak Kumar, the Agra Police social media team immediately alerted the Rakabganj police station within minutes and coordinated with the victims to confirm the incident and obtain the exact location, it stated.
Police teams launched intensive checking at Namner crossing and intercepted the bus as it reached the spot. The four accused involved in the incident were apprehended on the spot, and legal action was initiated against them, the statement said.
The police said the swift response and coordination between the social media team and field units ensured timely action, bringing relief to the victims and other passengers, who expressed gratitude towards the police, it added.
