IMPORTANT POINT
Regular bail application – While filing of charge-sheet is a significant factor in granting bail, it is not sole criterion to be considered – Period of incarceration by itself would not entitle petitioner/accused to be enlarged on bail.

ORDER

This Criminal Petition n, under Sections 480 and 483 of BNSS S, has been filed by the Petitioner/A1, seeking regular bail, in Crime No.287 of 2024 of Mahila Police Station, regisstered for the offences punishable undeer Sections 70(1), 77, 351(2), 69 and 75(1) of the Bharatiya Nyaya Sanhita a, 2023 (for short, ‘BNS’) and Section 6 67-A of Information Technology Act, 20000 (for short, ‘I.T.Act’).

2. Case of the prosecu cution, in brief is that on 18.11.2024 at a about 22.30 hours, the defacto complain nant alleged that A1 developed intimacy with her by promising love and marriage. On 10.08.2024 at Kambalakonda park, A1 forcefully had sexual intercourse with her, deceitfully reiterating his promise of marriage. On 13.08.2024 at Krishna Gardens, Dabagardens, A1 took her to the rented room of his friend/A4. A1 again forcibly engaged in sexual intercourse with her. Later, friends of A1 i.e, A2 to A4 came there and showed her private videos captured earlier and threatened to share them publicly if she resisted. Under the duress, all four accused sexually exploited her. From that time, the accused continuously harassed and tortured her for sexual favours. Unable to bear the harassment, she attempted to commit suicide.

3. The learned counsel for the petitioner asserts that the petitioner is innocent of all charges, particularly those related to rape or sexual intercourse; the police investigation is complete and the charge sheet is filed. Citing the Hon’ble Supreme Court’s principle that “bail is the rule, jail is an exception,” learned counsel asserts that the petitioner should not remain in judicial custody. There has been inordinate delay in filing the report to the police.

4. On the other hand, the learned Assistant Public Prosecutor representing the State opposes the grant of bail to the Petitioner and submits that the victim has revealed extremely serious allegations against the Petitioner to the effect that he is the key person who encouraged several persons for having forcible sexual intercourse with the victim and lastly, the delay in lodging the report was on account of the fact that the victim was black mailed by the accused persons that they would make her videos being shared publicly, thereby damaging her reputation.

5. I have heard both sides. Learned counsel on both sides reiterated their submissions, which are on par with the contentions presented in the petition and the report.

6. In Masroor V. State of U.P., (2009) 14 SCC 286, a Division Bench of the Hon’ble Supreme Court observed as follows:

13. … Though at the stage of granting bail, an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided, but there is a need to indicate in such order reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence.

7. Before adverting to the merits of the case, this Court would like to clarify that while the filing of a charge sheet is a significant factor in granting bail, it is not the sole criterion to be considered. This must be evaluated in conjunction with the facts and circumstances of the case at hand. In the present matter, although the charge sheet has been filed, the defacto complainant’s statements, as recorded, specifically highlight the key role played by the petitioner in the commission of the alleged offence. The petitioner has been assigned the role of facilitating the participation of other persons who are accused in the case. Specifically, these persons are alleged to have coerced the defacto complainant into engaging in physical relations. The petitioner’s role, according to the charges, involves actively participating in or enabling the actions of the other accused persons. This could suggest that the petitioner have played a key role in facilitating, encouraging, or possibly even directly pressuring the victim into the alleged situation.

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