Case Note & Summary
The Supreme Court allowed the criminal appeal challenging the High Court's bail order in a case involving serious sexual offences against a minor -- The Court found that the accused had suppressed the crucial fact of chargesheet filing before the High Court -- The High Court failed to properly consider the gravity of offences under POCSO Act and BNSS, the victim's detailed statement, medico-legal evidence, and the influential position of the accused -- The bail order was set aside as perverse and unjustified, and bail was cancelled -- The Court emphasized the need for careful consideration of all relevant factors in bail matters involving serious offences against children
Headnote
Criminal Law-- Bharatiya Nagrik Suraksha Sanhita, (BNSS) 2023-- Sections 65(1), 74, 137(2) and 352-- Protection of children from sexual offences Act, 2012-- Sections 5(1), 6, 9(g) and 10-- Commission of gang rape on minor victim girl-- Sexual assault-- Recording of incident on a mobile phone for the purpose of black mailing-- Threat also given to the victim girl-- Complaint lodged-- Respondent no.2/accused arrested-- Charge sheet filed-- Bail granted to accused/respondent no.2 by high court-- Aggrieved-- Challenged to the order of granting bail to respondent no.2/accused-- Serious allegations of gang rape coupled with sexual assault and threat-- No substance in the contention that there was consensual relationship particularly when allegation against more than single accused-- Statement recorded before magistrate prima facie establish the commission of offence -- Consistencies in medical report and statement of victim-- Mere filing of charge sheet does not by itself preclude consideration of an application for bail-- Nature, seriousness and gravity of offence required to be seen while granting bail-- Case of Bhagwan Singh (Supra) referred-- Safety of victim-- Non consideration of relevant factors by high court-- Impugned order of granting bail to respondent no.2 accused set aside-- Appeal Allowed Para-- 11, 12, 13, 14, 16, 17
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Issue of Consideration: Whether the High Court's order granting bail to the accused was legally sustainable given the suppression of material facts and failure to consider the gravity of offences under the Protection of Children from Sexual Offences Act, 2012 and Bharatiya Nagarik Suraksha Sanhita, 2023
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Final Decision
The Supreme Court allowed the criminal appeal, set aside the High Court's bail order dated 09.04.2025, and cancelled the bail granted to Respondent No. 2
