Unforgivable Betrayal Of Blood And Trust: Allahabad High Court Rejects Bail Plea Of Brother Accused Of Raping His Sister
The Allahabad High Court held that the allegations of rape on the victim by her real brother and father were “very rare and heinous in nature.”
The Allahabad High Court rejected the bail application of a brother accused of raping his real sister while remarking that the case involved an “unforgivable betrayal of blood and trust.”
The brother (Applicant) was accused under Sections 376, 323, and 506 of the IPC. As per the FIR filed by the victim, the Applicant and their father had been making ‘physical relations’ with her for 3-4 years. Noting the heinous nature of the offence, the Court found no ground to release the Applicant on bail.
A Single Bench of Justice Sanjay Kumar Singh observed, “Having heard learned counsel for the parties and examined the matter in its entirety, I find that facts of this case and allegation of rape on victim by her real brother and father are very rare and heinous in nature. It is a case of an unforgivable betrayal of blood and trust. The hands of father and brother meant to protect the dignity of his daughter and sister became weapons of her destruction.”
Advocate Satya Narayan Gupta represented the Applicant, while Additional Government Advocate Deepak Mishra appeared for the Opposite Party.
Brief Facts
The Prosecution alleged that the victim was five months pregnant due to the rape by her brother and father after which she mustered the courage to call 1090 to inform about the alleged incident.
However, the Applicant argued that he had been falsely implicated in the case and had been languishing in jail since 2019.
On the other hand, the State vehemently opposed the prayer for bail by contending that the allegations by the victim were corroborated from her medical examination report, in which, she was found to be 28 weeks and 06 days pregnant. It was also alleged in the FIR by the victim that her father after committing rape on her, tried to murder her.
Court’s Reasoning
The Allahabad High Court held that the allegations of rape on the victim by her real brother and father were “very rare and heinous in nature.”
“The hands of father and brother meant to protect the dignity of his daughter and sister became weapons of her destruction,” the Bench remarked.
The Court referred to the Supreme Court's decision in X v. State of Rajasthan (2024), which held that bail should not be granted in heinous offences like rape if the trial has commenced.
Consequently, the Court ordered, “Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant as well as in the light of recent judgment of the Apex Court in the case of X vs. State of Rajasthan (supra), I do not find any good ground to release the applicant on bail.”
Accordingly, the High Court rejected the Bail Application.
Cause Title: Pramod v. State of U.P. (Neutral Citation: 2025:AHC:6125)
Appearance:
Applicant: Advocates Satya Narayan Gupta and Yogendra Pal Singh
Opposite Party: Additional Government Advocate Deepak Mishra
Click here to read/download the Order
