B. V. NAGARATHNA, R. MAHADEVAN
X – Appellant
Versus
State of Uttar Pradesh – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The case involves an appeal against the bail granted to Respondent No. 2, accused of heinous offences including repeated sexual assault of a minor victim, threatening her with a firearm, and recording the acts for blackmail purposes (!) (!) .
The minor victim was approximately 14 years old at the time of the incident, with her date of birth established through educational records and medical examination (!) (!) .
The prosecution's case is supported by the victim’s detailed statements, medico-legal reports indicating the gravity of the offences, and evidence of threats and intimidation by the accused (!) (!) (!) (!) .
The accused was arrested approximately a month after the FIR was registered, and his bail application was initially rejected by the trial court but later granted by the High Court without adequately considering the seriousness of the allegations and the evidence (!) (!) (!) .
The appeal contends that the High Court erred in granting bail, failing to properly evaluate the gravity of the offences, the impact on the victim, and the statutory provisions under the relevant laws, particularly the stringent provisions of the legislation protecting children from sexual offences (!) (!) (!) .
The appellant emphasizes that the offences are grave, involving coercion, intimidation, and repeated sexual acts, which warrant stringent measures including denial of bail to prevent tampering with evidence and witness intimidation (!) (!) .
The respondent’s defense included claims of innocence, alleged alibi, and assertions that the case was motivated by personal animosity, with arguments highlighting inconsistencies in the victim’s statements and the absence of medical corroboration of rape (!) (!) (!) (!) .
The court observed that the offences are heinous and involve serious violations of laws meant to protect minors, and that the prima facie evidence establishes the commission of the offences (!) (!) .
The court found that the High Court's decision to grant bail was based on an incomplete assessment of the evidence and failed to consider the gravity of the offences, the risk of witness intimidation, and the need to uphold the integrity of the trial process (!) (!) .
Consequently, the Supreme Court set aside the bail order, canceled the bail granted to Respondent No. 2, and directed him to surrender within two weeks, emphasizing the importance of ensuring a fair trial while safeguarding the victim’s interests (!) (!) (!) .
The Court also directed the trial court to prioritize the case for expeditious disposal, recognizing the sensitive nature of proceedings under the legislation protecting children from sexual offences (!) .
Please let me know if you need further analysis or specific legal advice regarding this case.
| Table of Content |
|---|
| 1. bail granted under serious offenses. (Para 2 , 3) |
| 2. arguments against the bail grant. (Para 4 , 5 , 6) |
| 3. analysis of the bail decision. (Para 8 , 11 , 12) |
| 4. legal reasoning for cancelling bail. (Para 9 , 10) |
| 5. final orders and directions. (Para 17 , 19 , 20) |
JUDGMENT :
R. MAHADEVAN, J.
Leave granted.
2. The present criminal appeal has been filed challenging the final judgment and order dated 09.04.2025 passed by the High Court of Judicature at Allahabad1[Hereinafter referred to as “the High Court”] in Criminal Miscellaneous Bail Application No. 9829 of 2025, whereby the High Court granted bail to Respondent No. 2 – accused in connection with FIR No. 426/2024 registered with Police Station Kandhla, District Shamli, Uttar Pradesh for offences punishable under Sections 6 5 (1), 74, 137(2) 352 of the Bharatiya Nagarik Suraksha Sanhita, 20232[For short, “ BNSS ”] and Sections 5 (l), 6, 9(g) and 10 of the Protection of Children from Sexual Offences Act, 20123[For short, “POCSO Act”].
3. The case of the appellant as projected in this appeal is as follows:
3.1. Respondent No. 2 by name Arjun – accused was known to the minor victim for about six months prior to the incident. A
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