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Dismissing the bail cancellation application filed by the Central Bureau of Investigation (CBI) in the Unnao rape case, the Allahabad High Court has said that the CBI's application against bail to three accused persons,  has been moved "without adducing any material or cogent reason". 

The bench said in this regard, " We have to note with deep regret and anguish that a premier investigating agency has moved present applications…without adducing any material or cogent reason."

Accused Shubham Singh, Brajesh Yadav and Naresh Tiwari alias Awadhesh Tiwari have been out on bail ever since the 2017 case was handed over to the CBI in April, 2018.

Rejecting CBI’s plea, the bench of Justice Alok Mathur noted that the affidavit in support of the applications was of only six paragraphs out of which only one mentioned the ground for cancellation of bail.

The court said, “Apart from reiterating the (2018) order of the Division Bench, there is no averment in the said applications.”

Noting that the applications were filed on the ground that there is likelihood of the applicants interfering with free and fair investigation, the court said, “while exercising the liberty granted to move such applications, the CBI should have (also) placed some materials to support the ground taken...”
Deprecating the practice of filing frivolous applications by the investigating agencies, the court went on to hold the applications to be "sheer abuse of liberty granted by the court."

The court further stressed that it does not appreciate or expect the CBI to file such applications bereft of any cogent material for examination as it only adds to the burden of the judicial system, and the outcome in these circumstances cannot be of any benefit to the applicant.
It also  added that the investigating officers and the legal officers should apply their mind before approaching the court and should filter out such frivolous petitions for which they would be held responsible.

While handing over the case to the CBI in 2018, a division bench of the High Court had asked the the agency to consider whether cancellation of bail of accused is necessary for carrying out free and fair further investigation. In pursuance of this order, these applications were moved in 2018 by the investigating agency.

The Unnao rape case refers to the gang rape of a 17-year-old girl on Jun 4, 2017 in Unnao, Uttar Pradesh. The case was widely reported in various newspapers, as the minor girl was allegedly raped by Member of Legislative Assembly (MLA) Kuldeep Singh Sengar. A public interest litigation (PIL) petition was also moved before the High Court to transfer the investigation to the CBI as the case involved influential people.

The 3 accused persons face charges under Sections 363, 366, 376 (D) and Section 3/4 of Protection of Children from Sexual Offences (POCSO) Act, 2012.
They were granted bail by the Allahabad High Court on different dates in the year 2017, March 2018, and April 2018.
It was also submitted during the hearing that the investigation of the case has been concluded and the chargesheet has also been filed and the trial against the abovementioned accused is progressing in Tees Hazari court at Delhi.  

Case Title: CBI through Superintendent of Police ACB, Lucknow (Major BC) v. Shubham Singh & Anr