Division Bench of the Supreme Court has overturned a bail order granted by the Rajasthan High Court to the accused in a shocking gang rape case. The Bench, while allowing the appeal filed by a minor gang-rape survivor, observed that the alleged offense was heinous and represented an affront to the dignity of womanhood.

The survivor, a 15-and-a-half-year-old girl studying in Class X, was allegedly gang-raped after being drugged. The accused even recorded the incident and threatened her against disclosure. The survivor finally revealed the incident after a month of persuasion. Subsequently, an FIR was filed under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act.

The appellant argued that the accused should not be granted bail due to the grave nature of the offenses, which carried a minimum sentence of 20 years. Additionally, one of the accused was the son of a sitting Congress MLA, raising concerns about potential evidence tampering.

The respondents' advocates supported the High Court's decision, citing a 13-month delay in filing the FIR.

Taking into account both sides' arguments, the Supreme Court outlined key parameters for considering bail applications. It referred to previous judgments emphasizing the need to cancel bail if post-bail developments jeopardize a fair trial.

The Court also highlighted that bail could be revoked if the original order considered irrelevant factors or ignored pertinent evidence. It stressed the gravity of the offense, the accused's conduct, and the societal impact of undue leniency, especially when investigations were at an early stage.

The Court further noted that while it generally refrained from interfering with High Court bail decisions, the High Court must exercise its discretion judiciously, in line with established principles.

Analyzing the current case, the Court criticized the High Court's reliance on the delay in filing the complaint as a reason for granting bail. It underlined the vulnerable circumstances the minor survivor was in, considering her age, the threat of viral videos, and her father's lower rank in the police hierarchy.

The Court dismissed the argument that delay in filing the FIR automatically cast doubt on the complaint's credibility. It stressed that the ordeal the survivor faced, along with the threat of video dissemination, were substantial factors contributing to the delay.

After examining the evidence, the Court concluded that the accused had participated in the gang rape and had been threatening witnesses. Consequently, it set aside the High Court's bail order, directing the accused to surrender within two weeks to the jurisdictional Court.

This ruling reaffirms the importance of meticulous consideration in granting bail for heinous offenses, particularly when societal factors and threats impact a survivor's ability to come forward promptly.

Case Title: BHAGWAN SINGH v. DILIP KUMAR @ DEEPU @ DEEPAK & ANR., Special Leave to Appeal (Crl.) No. 6199/2023