By Rajesh Pandey
In a significant order, the Allahabad High Court has granted bail to two men — Aznan Khan and Furkan Ilahi — accused in a rape case filed under the SC/ST Act, noting that the rights afforded to victims under this special legislation “must not be misused or abused.”
The court’s decision came against the backdrop of a nine-year delay before the First Information Report (FIR) was filed, and raised serious questions about the prosecution’s timing and the conduct of the victim, who is herself a practising advocate.
According to the allegations, the victim claimed that in 2016, Furkan had invited her first to a hotel and later to his friend Aznan’s residence.
She alleged that Aznan locked the door from outside while Furkan raped her, promising marriage to coerce her silence.
The complaint further asserted that physical relations and duplicitous assurances continued for some time, and she was forced to take pills, which resulted in a miscarriage.
However, the high court observed that the extraordinary delay of nine years before complaining was unexplained.
The defence argued that such a delay, coupled with the victim’s prior criminal history and multiple FIRs — including one lodged by an appellant against the victim just weeks before — suggested that the latest FIR might have been motivated by retaliatory intentions rather than genuine grievance.
The court also noted that the special court in Bulandshahr had earlier refused their bail pleas, but on review, the high court found sufficient grounds to release them pending trial, stressing that the factual and evidentiary circumstances did not preclude bail.
Importantly, while granting bail, the court underscored a broader concern: the protective provisions and procedural rights under the SC/ST Act, designed to secure justice for vulnerable victims, must not become instruments for harassment or misuse.
The bench warned that such misapplication undermines the very purpose of the law and burdens the justice system, potentially harming its integrity.
The ruling is likely to spark debate — on the balance between protecting victims of caste-based atrocities and ensuring that legal safeguards are not exploited. The court’s message is clear: the moral authority of victim-protection laws demands responsible use.
#AllahabadHighCourt #SCSTAct #BailOrder #JusticeSystem #LegalReform #CourtVerdict #VictimsRights #LawAndOrder #IndiaLaw #CriminalJustice