Apex Court Criticizes High Court's Oversight; Orders Accused to Surrender
In a significant judgment delivered on January 9, 2026, the Supreme Court of India overturned a decision by the High Court of Judicature at Allahabad, which had granted bail to an accused involved in a grave case under the Protection of Children from Sexual Offences (POCSO) Act and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The accused, Arjun, along with others, faced serious allegations of gang rape and sexual assault against a minor.
The case originated from an FIR lodged on December 2, 2024, which detailed the horrific sexual offenses committed against a 14-year-old victim by Arjun and his accomplices. The High Court's decision to grant bail was challenged on grounds of misdirection and failure to consider the severity of the allegations and the evidence presented.
The Supreme Court, in its detailed judgment, highlighted the High Court's oversight in not adequately considering the gravity of the offenses, the evidence from the victim's statements, and the potential for witness intimidation. The apex court underscored the societal implications of such crimes, emphasizing that the accused's release posed a real threat to the victim and the community's conscience.
Notably, the Supreme Court criticized the High Court for not acknowledging the chargesheet already filed and the prima facie evidence supporting the allegations. The court referenced its previous rulings, asserting that bail in cases involving heinous crimes against minors should not be granted on irrelevant grounds or without thorough consideration of all pertinent factors.
The judgment further directed the accused to surrender within two weeks, failing which the trial court is to take necessary legal steps to secure custody. The Supreme Court also emphasized the need for an expeditious trial in POCSO cases, urging the trial court to prioritize and conclude the case swiftly.
This decision reflects the judiciary's commitment to upholding the stringent provisions of the POCSO Act and ensuring justice for victims of sexual offenses. The ruling serves as a caution against the premature release of individuals accused of grave crimes, reaffirming the importance of protecting victims and maintaining the integrity of the judicial process.
Bottom Line:
Bail granted to accused under Section 65(1) of the BNSS and Sections 5(l), 6, 9(g), and 10 of the POCSO Act - Allegations involve heinous offences including gang rape, sexual assault, and threats to a minor victim - Supreme Court cancels bail due to material misdirection and failure to consider relevant factors by the High Court.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 5(l), 6, 9(g), 10, Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 65(1), 74, 137(2), 352
X v. State of Uttar Pradesh, (SC) : Law Finder Doc Id # 2835298
