NEW DELHI: The Supreme Court set aside the bail of a police officer accused of raping a minor Dalit girl who had come to the police station to register a sexual assault complaint in Uttar Pradesh.
The SC after cancelling the bail issued by the Allahabad High Court directed the accused to surrender immediately.
The apex court said that there is no reason to justify the grant of bail to the accused who was the Station House Officer (SHO) and allegedly grossly abused his office to commit "same heinous crime" of raping the minor victim.
Terming the situation as far worse, a two-judge bench of the top court led by Justice A S Bopanna and Justice Sanjay Kumar further directed authorities to send him to judicial custody after he surrendered.
Hearing a writ petition filed by the Association of Voluntary Action (AVA) also known as Bachpan Bachao Andolan (BBA) regarding the gang-rape case of the 13-year-old girl in UP’s Lalitpur, the Division Bench passed the order.
The mother of the victim alleged that the SHO raped her daughter when she had come to the police station to file a complaint of sexual assault as she was gang raped for five months.
The mother also claimed that the police failed to register a complaint and also alleged raped the victim within the premises of the police station.
She said that her daughter and her family were constantly threatened not to tell anyone ever since.
The apex court said, “In this situation, his prayer for grant of bail required more than the cursory appraisal that was bestowed by the High Court. We do not find any reason worth the name justifying the grant of bail to him (SHO) at this stage."
Citing apex court's earlier decision on grant of bail in State of Jharkhand against Sandeep Kumar, Justice Bopanna and Justice Kumar observed and held against any lenience being shown by treating an accused such a policeman who is alleged to have abused his office, with a common man.
“Notably, that was not even a case involving a heinous offence. In the present case (Police Station in Lalitpur), the situation is far worse as the accused being the Station House Officer of the Police Station where the minor victim girl approached seeking justice, is alleged to have resorted to committing the same heinous crime of raping her,” observed the division bench in its order on May 3.
Terming the rejection of bail plea of police official as vital for criminal justice system, senior advocate H S Phoolka, appearing for the victim, said "The Supreme Court has clearly conveyed a message that when the police officials are themselves involved in the crime, then no leniency would be shown.”