Court highlights critical lapses in forensic handling and prolonged incarceration; Bail granted to Jitendra with strict conditions.
In a significant ruling, the Allahabad High Court has granted bail to Jitendra, the applicant in a high-profile case involving serious allegations under Sections 115(2) and 351(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 5M/6 of the POCSO Act. The decision came after considering the applicant's prolonged incarceration, the completion of the investigation, and the absence of a proper Forensic Science Laboratory (FSL) report.
The case, originating from an alleged incident on April 13, 2025, involved accusations of sexual assault against an eight-year-old minor in the village of Belhiyakheda. The prosecution claimed that the accused lured the victim on the pretense of offering a bicycle, subjected him to an unnatural sexual act, and threatened his life. Despite the severity of the allegations, the court noted significant lapses in the collection and preservation of forensic evidence, which played a crucial role in the bail decision.
Justice Rajeev Bharti, presiding over the case, expressed deep concerns over the handling of forensic evidence. The court observed that the medical examination of the victim was delayed due to systemic inefficiencies, resulting in the loss of critical forensic evidence. The swab kit, crucial for DNA analysis, was reportedly not properly sealed, leading to the inability to generate a corresponding DNA report. Such procedural failures were highlighted as indicative of broader deficiencies in the state's forensic infrastructure.
Despite the gravity of the charges, the court found the circumstances compelling enough to grant bail. The applicant, Jitendra, has been in custody since May 29, 2025, and the charge-sheet had already been submitted, indicating that further custodial detention was unnecessary for the investigation. The absence of a proper FSL report further supported the court's decision to grant bail.
While granting bail, the court imposed strict conditions on Jitendra, including prohibitions against tampering with evidence, pressuring witnesses, and requiring his appearance at all trial dates. The court emphasized that these observations were specific to the bail application and should not influence the trial's merits.
The ruling also directed the Registrar (Compliance) to inform the Director General of Police and the Director General of Prosecution, underscoring the need for systemic improvements in handling cases involving minor victims.
This judgment highlights the critical importance of timely and accurate forensic procedures in the judicial process, particularly in cases involving vulnerable victims. The decision underscores the judiciary's role in balancing the rights of the accused with the need for due process and justice for victims.
Bottom Line :
Bail granted in a case involving serious allegations under Sections 115(2), 351(3) of Bharatiya Nagarik Suraksha Sanhita (B.N.S.) and Section 5M/6 of the POCSO Act, considering the applicant's long period of incarceration, completion of investigation, absence of a proper FSL report, and absence of need for further custodial detention.
Statutory provision(s):
Sections 115(2), 351(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, Section 5M/6 of the POCSO Act
Jitendra v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2966460
