Case Note & Summary
The judgment involved two anticipatory bail applications filed by different applicants accused of sexual offences. The first applicant, Kasif Sahabuddin Khan, was accused in Crime No. 485/2026 under the Protection of Children from Sexual Offences Act, 2012 and the Bharatiya Nyaya Sanhita, 2023. The victim, aged 15 years and 5 months, alleged that the applicant had committed sexual intercourse with her multiple times under threats. The second applicant, Ajay Ganesh Ade, faced allegations in Crime No. 250/2026 under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023, where the victim, aged 14 years and 4 months, initially denied any assault but later alleged rape under threats of making her photographs viral. The court first addressed the maintainability of the applications in light of Section 482(4) of the Bharatiya Nagarik Suraksha Sanhita, which bars anticipatory bail if a prima facie case is established. The court noted that the legislative intent was to protect minors from sexual offences and that the bar was not absolute but contingent upon the existence of a prima facie case. The court found that both victims were minors and the allegations met the statutory requirements for the offences charged. Consequently, the court rejected both applications, affirming the statutory bar on anticipatory bail under Section 482(4).
Headnote
A) Criminal Law - Anticipatory Bail - Maintainability - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482(4) - The court held that anticipatory bail applications are not maintainable if a prima facie case under the specified sections is made out, as per the statutory bar. The court emphasized the need to examine whether the ingredients of the alleged offences are satisfied before granting bail (Paras 25-26).
Issue of Consideration
Whether the anticipatory bail applications are maintainable in light of the bar under Section 482(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Final Decision
The court rejected both anticipatory bail applications, affirming that the statutory bar under Section 482(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies as prima facie cases were established against both applicants.
Law Points
- Anticipatory bail
- maintainability
- prima facie case
- statutory bar
- sexual offences
