The Allahabad High Court on Tuesday denied bail to a man accused of raping a minor girl, emphasizing the dual crisis a rape victim endures: the act of sexual violence itself and the subsequent trial.

The Single Bench of Justice Sanjay Kumar Singh remarked on the profound emotional and physical toll these processes take on victims, particularly in cases involving minors.

"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 individuality, destroys her sense of security, and may often ruin her physically, the second forces her to relive the traumatic experience in a public and alien atmosphere, with the entire criminal justice system focused upon her," the Court observed.

The Bench further underscored that sexual violence is not only a dehumanizing act but also a grave violation of the victim’s privacy and dignity. "Sexual violence, apart from being a dehumanizing act, is an unlawful intrusion of the right 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, when the victim is a helpless innocent child, leaves behind a traumatic experience," the order stated.

Advocate Imtyaz Ahmad appeared for the petitioner.

The case was initiated following an FIR lodged by the mother of the minor victim on July 9, 2023, under Sections 376(2)(N), 328, 120-B, 506, 452, and 323 of the Indian Penal Code (IPC) and Sections 5L, 5J(ii), and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The complaint alleged that the accused had raped the minor victim, who was four months pregnant at the time of the FIR.

The DNA report confirmed that the accused was the biological father of the child born to the victim.

The accused sought bail on the grounds of his detention period and prior interim bail granted on July 30, 2024. His counsel argued that the applicant had expressed willingness to marry the victim and take responsibility for the child, but the marriage could not materialize, leading to his surrender on November 20, 2024.

The Additional Government Advocate (AGA) opposed the bail plea, citing the heinous nature of the allegations and the grave impact on the victim's life.

The Court noted that the forceful physical relationship between the applicant and the victim had resulted in the victim's pregnancy and the birth of a child. It also stated that the DNA evidence established the applicant as the biological father, leaving no reasonable ground for false implication.

Given the seriousness of the allegations and the evidence on record, the Court dismissed the bail application.

Cause Title: Arvind v. State Of U.P. And 3 Others [Neutral Citation No. 2025:AHC:3248]

Click here to read/download the Order


Justice Sanjay Kumar SinghAllahabad High CourtRight to Privacy

Sukriti Mishra

Legal Correspondent

Sukriti Mishra is a Legal Correspondent at Verdictum. She extensively covers the Supreme Court. She has completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022, she has previously worked with another legal news portal, where she extensively covered Delhi High Court and Trial Courts. She believes Legal Journalism gives her creative freedom and legal in depth practical knowledge. She enjoys the diversity of her profession. Sukriti truly believes in bringing the raw courtroom exchanges to the general public through proper channels, especially with the high legal awareness in society.