The Allahabad High Court refused to grant bail to a tuition teacher accused of raping a girl student and observed that instead of discharging his pivotal role in imparting education and knowledge, he became a tormentor and the victim fell prey to the lust of the applicant.

The High Court was considering a bail application filed under Section 439 of Cr.P.C. by the applicant, who is involved in a criminal Case registered under Sections 366, 376, 328, 342 and 506 of the IPC.

The Single Judge Bench of Justice Sanjay Kumar Singh said, “ It is often stated that a woman who is raped undergoes two crises- the rape and the subsequent trial. While the first seriously wounds her dignity, curbs her individual, destroys her sense of security and may often ruin her physically, the second is no less potent of mischief inasmuch as it not only force her to relive through the traumatic experience, but also does so in the glare of publicity in a totally alien atmosphere, with the whole apparatus and paraphernalia of the criminal justice system focused upon her.”

Advocate Bhupendra Kumar Pandey represented the Applicant while the Government Advocate represented the Respondent-State.

Facts

The victim’s father had lodged an F.I.R. against the applicant for the offence under Section 366 I.P.C. alleging that his daughter used to take tuition from the applicant but she went missing one day. The father had an apprehension that the applicant enticed away his daughter.

Reasoning

The Bench took note of the fact that the victim in her statements under Section 161 and 164 Cr.P.C. made specific allegations against the applicant for committing rape upon her. There was also no contradiction in the statements under Section 161 and 164 Cr.P.C. of the victim, hence, no ground for false implication of the applicant was made out.

“The impact of a teacher's responsibilities extends beyond the classroom, influencing the broader fabric of society and contributing to the sustainability and vitality of democracy itself. But in the instant case I find that instead of discharging his pivotal role in imparting education and knowledge to the student, he became tormentor and victim fall prey to the lust of the applicant”, it said.

The Bench further emphasized, “The sexual violence is dehumanizing and unlawful intrusion to privacy and sanctity of a female. It is a serious blow to her supreme honour and offends her self esteem and dignity. It degrades and humiliates the victim and where the victim is a helpless innocent child, it leaves behind a traumatic experience.”

Considering the overall facts and circumstances of the case as well as keeping in view the gravity of offence, role assigned to the applicant, statement of the victim and severity of punishment, the Bench dismissed the bail application.

Cause Title: Gandharv Kumar @ Gaurav v. State of U.P. (Neutral Citation: 2025:AHC:3857)

Appearance:

Applicant: Advocates Bhupendra Kumar Pandey,Laxmi Yadav,Maruti Kumar Tripathi

Respondent: Government Advocate

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