- In Father Of Prosecutrix-X v State Of Madhya Pradesh (2021), Justice R.K. Dubey, while dealing with the implementation for cancellation of bail under Section 439(2) CrPC filed by the Prosecutrix's father, noted that the Prosecutrix's medical examination report stated that no conclusive opinion could be given regarding rape. However, it was discovered that she had been sexually assaulted as her hymen was ruptured, and two fingers could easily penetrate the vagina, as per the reports.
- In this case, it was claimed that the Prosecutrix, a minor at the time of execution of the crime, admitted to her brother after he found her attempting suicide that she had been repeatedly raped by the respondent for six years. She had not previously mentioned this incident to anybody due to her fear of the respondent. Furthermore, the Prosecutrix's mental and physical well-being had been adversely affected since the event, and she had to endure several therapy sessions with a psychiatrist to cope with her fear, anxiety, and lack of confidence.
- The Appellant stated that the lower court made a substantial error in granting bail to the defendant because it failed to consider the Prosecutrix's trauma and the seriousness of the crime perpetrated against her. Thus, the contested bail order was inclined to be overturned. However, the respondents asserted that if, as stated by the Appellant, the Prosecutrix had been repeatedly raped by the respondent for six years, this fact must have come to the Prosecutrix's mother's attention, which it did not. Furthermore, the Prosecution provided no plausible explanation for the delay in filing the FIR. Moreover, it was claimed that bail was approved only after a thorough review by the lower court and that an order for bail cancellation must be supported by compelling and overwhelming evidence.
- Section 439 (2) of the Code authorizes the High Courts and Courts of Sessions to order the arrest or detention of a person freed on bail. However, an order for bail cancellation must be supported by compelling and overwhelming evidence.
- In a very similar case, State of Himachal Pradesh vs. Sanjay Kumar @ Sunny [(2017)2 SCC 51], the critical argument offered by the defence before the trial court was that it was a case of undue delay, with reporting to the Police three years after the occurrence. However, the Trial Court rejected this contention, and the respondent's appeal was accepted.
- In State of Bihar vs. Rajballav Prasad alias Rajballav Prasad Yadav alias Rajballabh Yadav [(2017) 2 SCC 178], it was ruled that an order allowing bail that ignored relevant facts on record and did not provide reasons was erroneous and contrary to the norms of law. Such an order would be sufficient justification to file an application for bail cancellation. Furthermore, the court ruled that the cause for cancellation is distinct from the grounds that the accused misbehaved or that new circumstances warrant cancellation.
- In another relevant case, Aslam Babalal Desai vs. the State of Maharashtra [1992 (4) SCC 272], the Supreme Court concluded that unless there are compelling reasons to terminate the bail, the bail granted cannot be revoked simply by producing the charge sheet.
- After hearing both parties and reviewing the aforementioned cases, the Hon'ble HC held that bail should not be cancelled mechanically after being granted without contemplating the facts and circumstances of the case to allow the accused to preserve his freedom by enjoying the concession of bail during the trial. However, courts have the authority and discretion to quash bail even when no supervening circumstances exist to carry out justice.
- Furthermore, it was concluded that the Prosecution justified the delay in filing the FIR and that in cases like this, where a minor girl was subjected to sexual abuse by two people, one of whom is a relative, mere delay in filing the FIR cannot demolish the prosecution case.
- Therefore, while allowing the application, the Hon'ble court cancelled the bail granted to the accused.
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