Woman Allegedly Raped, Impregnated By Own Brother, Father | 'Unforgivable Betrayal Of Blood & Trust': Allahabad HC Denies Bail

“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…The hands of father and brother meant to protect the dignity of his daughter and sister became weapons of her destruction,” a bench of Justice Sanjay Kumar Singh remarked.

The Single judge also referred to the Supreme Court's ruling in the case of X v. State of Rajasthan 2024 LiveLaw (SC) 949 wherein it was held that in serious offences like murder, rape, dacoity etc., bail applications of the accused should not be ordinarily entertained by the Trial Courts and the High Courts.

In this case, the victim herself lodged an FIR in March 2019 alleging that her real brother and father have been making physical relations with her for the last 3-4 years and whenever she tried to complain, they threatened and made her silent.

At the time of the lodging of the FIR, she claimed to be carrying a pregnancy of about five months due to the offence of rape committed by her brother and father.

Seeking bail in the case, the brother, who was arrested in April 2019, moved the HC on the grounds of prolonged detention due to the fact that the trial in the case has not yet been concluded.

On the other hand, the AGA for the State opposed the prayer for bail, contending that the victim's allegation was corroborated by her medical examination report, in which she was found to have a pregnancy of 28 weeks and 06 days.

It was also pointed out that at the time of the victim's medical examination, she had reiterated the prosecution case and had also stated that her father, after committing rape on her, tried to commit her murder.

So far as the stage of trial of the applicant was concerned, the bench was apprised that out of 08 prosecution witnesses of the charge sheet, 02 prosecution witnesses of the fact and 02 formal prosecution witnesses have been examined before the trial Court.

Considering the overall facts and circumstances of the case and keeping in view the submissions advanced on behalf of the parties, the gravity of the offence, the role assigned to the applicant, the bench refused to grant him bail.

Furthermore, the single judge directed the Senior Superintendent of Police, Meerut, to ensure the production of remaining prosecution witnesses on the dates fixed before the trial Court so that the trial of the applicant may be concluded at the earliest.

Case title - Pramod vs. State of U.P. 2025 LiveLaw (AB) 33

Case citation: 2025 LiveLaw (AB) 33

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