The grant of bail is a discretionary decision that must consider the nature of accusations, risks to witnesses, and prima facie merits of the case, particularly in serious offences.

JUDGEMENT

ARAVIND KUMAR, J.

Digitally signed by NEETA SAPRA Date: 2023.08.23 17:35:07 IST Reason:

Signature Not Verified 1. Leave granted.

2. The present appeals by way of special leave arises from the order dated 06.04.2023 passed by the learned Single Judge of the High Court of Judicature at Rajasthan, Jaipur Bench in S.B. Criminal Miscellaneous 2nd Bail Application No.219 of 2023 whereby the applications filed by the first Respondent in the respective appeals under Section 439 of the Code of Criminal Procedure, 1873 (for short ‘the Cr.P.C.’) has been allowed and have been granted bail on furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties of Rs.50,000/- each for their presence in connection with the FIR No.94 of 2022 registered on the complaint of the appellant by Police Station Mandawar, District Dausa, Rajasthan for the offences punishable under Section 376D , 384, 506 of the Indian Penal Code (for short ‘the IPC’), Section 326 of POCSO Act and Section 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short SC/ST Act) and Section 66 of the Information Technology Act,

2000. Brief Background: 3. The appellant (original complainant) is the uncle of minor girl got registered an FIR No.94 of 2022 on 25.03.2022 with the jurisdictional police alleging gang rape, threat of making video of rape recorded viral and extortion which came to be registered for the offences punishable under Section 376D , 384 and 506 of the IPC read with Section 326 of POCSO Act and Section 66D of IT Act. The said FIR was registered against Vivek, Deepak and Netram.

4. It is the case of the prosecution that minor girl “XXX” aged 15 years and six months was studying in Class-X had got acquainted with a boy named Vivek and he seduced the minor girl and took her to Samleti Palace Hotel, Mandawar Road, Mahwa on February 24, 2021 and he along with his friends Deepak and Netram gang raped her after drugging and took videos of the incident. It was alleged that all of them had threatened her not to disclose the said incident as otherwise they would eliminate her father and brother make the video viral. It was further alleged in the complaint that accused persons proclaimed and they would not be harmed as they were powerful and as such the minor girl got scared and under the threat of video being circulated, she gave gold ornaments of her mother to said Vivek as instructed by him. It was also alleged that again Vivek had raped her under the threat of video being made viral and was extracting money from her. It was alleged that she was raped 4- 5 times in the same hotel and she became weak and sick. Though enquires were made by her father and mother she had not revealed anything out of fear. It was also alleged that on 2nd May, 2021 the marriage of his elder brother’s daughter took place and entire family was busy and at that point of time they forced the minor girl to permit Vivek and his companions to enter the house by putting pressure on her and the jewellery kept for the marriage was taken away by Vivek and his accomplice. It was alleged in this regard an FIR No.142 of 2021 was registered by the mother of minor girl with the Police Station, Raini. It was alleged that during the course of investigation the accused Vivek was interrogated and he confessed to have taken away the jewellery and thereafter they had continued to threaten the minor girl not to disclose about the rape as otherwise they would destroy her entire family. It is stated that on 24th March, 2023, th