Mumbai, Dec 12: The Bombay High Court has cancelled the bail of a man accused of raping his minor stepdaughter for two years, holding that the lower court had “ignored the relevant material available on record and failed to consider the gravity of the offence”. Justice Neela Gokhale said the allegations were so serious that they were “sufficient to shake the conscience of this Court”.
Family Background of Survivor
The survivor’s mother, a divorcee who married the accused in 2014, lived with him in their Thane flat along with her daughter — the victim — and the accused’s son from his earlier marriage.
Applicant’s Arguments Before HC
Appearing for the applicant-mother, advocate Ramprasad Gupta argued that the Special POCSO Court had granted bail on two untenable grounds — alleged marital discord and supposed delay in registering the FIR. He submitted that the stepfather had “misused his position and exploited the helpless minor victim”.
Gupta expressed apprehension that if the man remained free, he was “likely to influence the trial” and posed “an imminent threat to the lives of the victim and her mother”. Gupta noted that the last incident allegedly occurred on April 15 while the FIR was lodged on April 20 — hardly a delay.
Accused Not Present Before Court
The court recorded that despite notice, the accused neither appeared nor engaged counsel.
Prosecution Highlights Seriousness of Offence
Additional Public Prosecutor Manisha Tidke supported cancellation of bail, referring to a WhatsApp voice note allegedly sent by the accused to the victim.
The recording was seized and forwarded for forensic examination on April 25, and the report is awaited. She stressed that the offence was “serious… especially in view of the fact that it is alleged to have been committed by the step-father himself”.
HC Criticism of Trial Court’s Bail Order
Justice Gokhale held that the trial court had released the accused “without examining all material aspects placed by the prosecution by way of the charge-sheet”, and appeared “swayed by an unsupported argument… that there was matrimonial discord”.
The FIR, the court noted, clearly showed that the mother left the matrimonial home only after learning of the assaults. This could not be termed marital discord.
Court Relies on Minor’s Statement
The court relied heavily on the statement of the minor, which narrated continuous assault from age 14 until April 2025. “It is quite possible that a minor of 14 years was scared to complain… as the sexual assault was committed by none other than her step-father, who had absolute control over the family,” the judge said. The girl spoke up only at 16 years and 10 months, after which her mother immediately left with her.
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HC Orders Immediate Arrest
Calling the trial court’s order “unreasonable and verbose,” the High Court cancelled the June 25 bail order and directed police to arrest the accused immediately and produce him before the trial court for further orders.
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