Supreme Court Stays Order Of Rajasthan High Court

Supreme Court stays order of Rajasthan High Court, Ban on bail of accused of raping minor daughter.

The Supreme Court has stayed the Rajasthan High Court’s order granting bail to a man accused of raping his minor daughter.

The top court said that in the interest of justice it is necessary for the accused to remain in jail at least till the statements of the prosecution witnesses are recorded in the case.

The Supreme Court directed the accused to surrender before the competent court within a week.

The court pronounced this order on a petition challenging the High Court order passed by the victim in September last year granting bail to the father.

A bench of Justices Sanjay Kishan Kaul and Hrishikesh Rai said, “The counsel appearing for the state has informed that the hearing in the matter will commence in September this year”.

“He further said that every effort will be made to complete it at the earliest.”

The bench said in its order, therefore, we are of the view that in the interest of justice and in accordance with the law.

It is necessary for defendant number 2 (accused) to remain in prison at least till the statements of the prosecution witnesses are recorded.

An FIR was lodged against the accused in April last year under the Indian Penal Code and the POCSO Act.

The girl, in her complaint, had alleged that the accused sexually assaulted her when she was going to appear for her Class IV examinations and the trend continued.

The arrest is legally valid, it does not mean that it should be done: Supreme Court.

At the same time, in another case, the Supreme Court said that arresting someone just because it is legally valid, does not mean that the arrest should be made.

At the same time, the top court said that personal liberty is an important aspect of the constitutional mandate.

If arrests are made regularly, it can cause immense damage to a person’s reputation and self-esteem.