Victim Safety the Ultimate Test for Bail in POCSO Cases: Supreme Court Cancels Bail in UP Gangrape Case

Supreme Court Reasserts Victim-Centric Approach in POCSO Bail Jurisprudence

The Supreme Court has once again underscored that victim safety and the integrity of the trial process must override all other considerations while deciding bail under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). In a significant judgment delivered on Friday, the Court cancelled the bail granted to an accused in a 2024 gangrape case involving a minor, holding that the Allahabad High Court’s order suffered from “manifest perversity”.

The ruling reinforces the heightened statutory rigour applicable to sexual offences against children and clarifies that prolonged incarceration or delay in trial cannot be mechanically invoked to grant bail in grave POCSO offences.

Factual Background of the Case

The case arises from an alleged gangrape of a 16-year-old girl in Shamli district, Uttar Pradesh, on December 1, 2024. An FIR was registered the following day at the Shamli police station.

According to the prosecution:

  • The victim was subjected to repeated penetrative sexual assault

  • The acts were committed under armed intimidation

  • The accused and his associates recorded the acts for blackmail

  • The offence involved multiple perpetrators, constituting aggravated sexual assault

One of the accused was arrested on January 3, 2025, and a charge sheet was filed in February 2025 under provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the POCSO Act.

Allahabad High Court’s Bail Order and Its Deficiencies

On April 9, 2025, the Allahabad High Court granted bail to one of the accused, primarily relying on:

  • The period of custody already undergone

  • Judicial precedents on prolonged incarceration

  • The possibility of delay in trial

However, the Supreme Court found that the High Court failed to consider critical and legally mandatory factors, including:

  • The gravity of the offence

  • The vulnerability of the minor victim

  • The risk of witness intimidation

  • The statutory stringency of the POCSO Act

Supreme Court’s Findings: Victim Safety and Trial Purity Paramount

Allowing the appeal filed by the minor victim, a bench of Justice B.V. Nagarathna and Justice R. Mahadevan held that the High Court’s approach was fundamentally flawed.

Justice Mahadevan, writing for the bench, observed:

“In offences involving sexual assault against children, the likelihood of tampering with evidence or influencing witnesses constitutes a grave and legitimate concern. The safety of the victim and the need to preserve the purity of the trial process assume paramount importance.”

The Court noted that the victim and the accused resided in the same locality, creating a real and imminent apprehension of intimidation.

Role of Child Welfare Committee and Psychological Impact

The Child Welfare Committee (CWC) counselling report played a crucial role in the Supreme Court’s assessment. The report confirmed that:

  • The victim was under severe psychological distress

  • She continued to live in fear following the accused’s release on bail

  • The presence of the accused posed a risk of further trauma

The Court held that post-release intimidation, even without overt threats, is sufficient to vitiate a bail order in POCSO cases.

Statutory Provisions Involved

Protection of Children from Sexual Offences Act, 2012

  • Section 5(1) – Aggravated penetrative sexual assault committed more than once

  • Section 6 – Punishment for aggravated penetrative sexual assault
    Punishable with life imprisonment or death

The Court reiterated that POCSO is a beneficial and child-centric legislation, requiring courts to apply stricter bail standards than ordinary criminal cases.

Bharatiya Nyaya Sanhita, 2023

The charge sheet also invoked provisions relating to:

  • Criminal conspiracy

  • Sexual assault

  • Criminal intimidation

Constitutional Dimensions

The judgment aligns with constitutional mandates, particularly:

  • Article 21 – Right to life and personal liberty, which includes the right of the victim to live with dignity, safety, and psychological security

  • Article 15(3) – State’s obligation to make special provisions for women and children

The Court implicitly recognised that victim protection is an integral part of fair trial guarantees.

Judicial Precedents Relied Upon and Distinguished

While the High Court relied on precedents concerning bail due to prolonged incarceration, the Supreme Court clarified that such principles cannot override statutory safeguards in POCSO cases.

Key principles reaffirmed include:

  • Bail discretion must account for nature and gravity of offence

  • Witness vulnerability is a decisive factor

  • Statutory intent of POCSO mandates caution in bail matters

The Court distinguished general bail jurisprudence from cases involving sexual offences against minors, where societal interest and victim protection carry greater weight.

Rejection of “Consensual Relationship” Defence

The accused argued that the allegations stemmed from personal animosity and claimed a consensual relationship with the victim. The Supreme Court rejected this contention outright, noting that:

  • Consent of a minor is legally irrelevant

  • The offence involved multiple perpetrators

  • The victim’s statements and medico-legal evidence prima facie established grievous offences

Bail Cancelled, Accused Directed to Surrender

Holding the High Court’s bail order to be “vitiated by material misdirection and non-consideration of relevant factors”, the Supreme Court:

  • Set aside the bail order

  • Directed the accused to surrender within two weeks

  • Ordered the trial court to prioritise and expedite the proceedings

Conclusion: Clear Signal on Bail in POCSO Cases

This judgment sends a strong message that victim safety is not a secondary consideration but the central test in POCSO bail decisions. Courts must go beyond procedural benchmarks and assess the real-world consequences of releasing an accused, particularly when the victim is a child.

By reaffirming the protective intent of the POCSO Act, the Supreme Court has strengthened child-centric criminal jurisprudence and reinforced the principle that liberty of the accused cannot come at the cost of a child’s safety and dignity.

Location: Pune, Maharashtra, India

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