SC revokes bail of police officer accused of raping minor girl

The Supreme Court has cancelled the bail of a Station House Officer (SHO) accused of raping a minor victim.

The case, arising out of FIR No. 41 of 2022 at Pali Police Station, Lalitpur District, Uttar Pradesh, involves serious charges under Sections 363, 376, 376-B and 120-B of the Indian Penal Code and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012. Section 3(2)(v) of the Prevention of Atrocities to the Scheduled Castes and Scheduled Tribes Act, 1989 was also added later.

The complainant, the victim’s mother, challenged the bail granted to the accused, who held the position of SHO at the police station where the crime was alleged to have taken place. The prosecution alleged that the accused, who was entrusted with the custody of the victim in connection with a sexual assault complaint, committed the heinous act himself.

The bank of Justice AS Bopanna And Judge Sanjay Kumar examined whether the Uttar Pradesh High Court in Allahabad was entitled to grant him regular bail.

In an earlier judgment, this Court dealt with the issue of granting bail to a police officer accused of abusing his position, as in the case of State of Jharkhand v. Sandeep Kumar (2024 INSC 179). The court had firmly rejected any leniency in such circumstances, stressing that accused police officers should not receive the same preferential treatment as ordinary citizens accused of similar offenses – even if the allegations do not relate to a heinous crime.

“In the present case, the situation is far worse as accused No. 1, a station house officer of the police station where the minor victim was brought for justice, is accused of committing the same heinous crime of raping the girl.” the court found.

The court found: “In this situation, his application for bail required more than the superficial assessment made by the Supreme Court. We do not find any significant reasons at this stage that would justify the grant of bail to defendant No. 1.”

The court allowed the appeal but ordered: “…setting aside the order dated 02.03.2023 of the High Court of Judicature at Allahabad in Crl. Misc. Bail Application No. 43236 of 2022. Respondent No. 1 shall surrender forthwith failing which the State shall take necessary steps to arrest and remand him in custody.

Title of the case: D v. Tilakdhari Saroj and Ors.

Look:-

applicant: Senior Advocate HS Phoolka, Advocates Jagjit Singh Chhabra, Bhuwan Ribhu, Rachna Tyagi, Saksham Maheshwari (AOR), Bindita Chatuvedi, Suraj Kumar

Defendant: Advocates Amardeep Sharma, Arun Kumar Saini, Chandra Nand Jha, Chiranjeev Johri, Preeti, Pradeep Kumar Mathur (AOR), Senior Advocate AKMisra (AG), Arup Banerjee (AOR), Ajay Singh, Prakash Sharma, Priyanshu Raj, Rajiv Agnihotri, RK Dey, Sanjeev Sharma

Click here to read/download the order