Supreme Court Issues Notice In A Plea Where HC Granted Bail To A Rape Accused Considering Over-Crowded Jails With Under-Trials
The Supreme Court while allowing a Special Leave Petition to be filed, has issued notice in the matter where the Allahabad High Court through its impugned order had granted bail to a man accused of rape, considering that the jails are 5-6 times overcrowded by under trials and are over and above their capacity.
The High Court in the impugned order dated July 6, 2023 while referring to the dictum of the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 had observed, “…keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India… considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail…”.
A bench of Justice Sanjiv Khanna and Justice Bela M Trivedi heard the matter.
Advocate Ajay Bansal appeared for the petitioner.
In the present matter, the accused had filed a bail application before the High Court seeking a prayer to release him on bail for the alleged offences under Sections 376, 323, 506 IPC. The accused is alleged of committing the offence of rape, threatening and beating of a major woman
The counsel for the accused had submitted that as per the victim’s statement under Section 164 CrPC, she had admitted voluntarily physical relationship with the applicant number of times and in number of places and also of consuming liquor. Further that she had alleged that applicant had made her incriminating video and hence lodged an FIR.
Therefore, it was submitted that the present case is of consensual relationship and not of forceful rape and that the accused has been falsely implicated in the case. It was also argued that the accused has no criminal history to his credit and is languishing in jail since May 12, 2023.
However, the State vehemently opposing the bail contended that the innocence of the accused cannot be adjudged at pre-trial stage, therefore, he does not deserves any indulgence. Further that in case the accused is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Accordingly, a bench of Justice Siddharth of the Allahabad High Court while finding force in the arguments for the accused, granted bail and further observed thar in case of any breach to the conditions in the order, it shall be a ground for cancellation of bail.
Resultantly, the Apex Court issued notice returnable in the month of December 2023.
Cause Title: XYZ v. State Of Uttar Pradesh & Anr.
Click here to read/download the Order