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. Acc...