A Division Bench of the Supreme Court comprising of Justice Surya Kant and Justice JB Pardiwala observed that "offer of payment of ad interim compensation to the victim cannot be a ground to release the accused on bail"

This was ruled by the Supreme Court in a petition filed by the State of Jharkhand challenging the order of the Jharkhand High Court whereby the High Court has ordered the release of accused of POCSO Act, 2012 and SC/ST Act on a statement made by him that he is ready to deposits interim compensation of Rs. 1,00,000/- in favor of the victim. 

The Supreme Court bench observed that "the victim has supported the prosecution case in the statement made by her under section 164 CRPC and also observed that High Court has not adverted to the parameters of Section 439 Cr.P.C. which are required to be observed while granting or declining regular bail to an accused, especially when he is involved in a heinous crime. The offer of payment of ad interim compensation to the victim cannot be a ground to release the accused on bail. We, therefore, do not subscribe to the reason(s) assigned by the High Court while releasing the respondent on bail."

As per the order of the Apex Court, the allegations against the accused are that while two minor girls aged 14 and 15 years were going to Pragya Kendra for updating their passbooks, the respondent and four other accused apprehended and forcefully picked them on their motorcycles and then gang raped them. FIR No.56 of 2020 was registered against them under Sections 341, 342, and 376(D) IPC and under Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (`POCSO’) beside Section 3(4)(w)(i) of the SC/ST Act. The victims in their statements under Section 164 Cr.P.C. have supported the allegation of sexual assault on them. Some of the eye-witnesses are also stated to have given their statements under Section 164 Cr.P.C. in support of the prosecution case.