Bharatiya Nagarik Suraksha Sanhita, 2023–Sec. 483 [Corresponding Sec. 439 of Cr.P.C., 1973]–Bharatiya Nyaya Sanhita, 2023–Secs. 65(1), 74, 137(2) & 352–Protection of Children from Sexual Offences Act, 2012–Secs. 5(1), 9(g) & 10–Grant of bail–Justification–Case involves allegations of gang rape of a minor coupled with the recording of sexual assault and threats of circulation–Submission regarding a consensual relationship is wholly untenable in law, particularly, where the allegations extend beyond a single accused and involve coercion, intimidation and multiple perpetrators–Assault upon the minor victim was committed under armed intimidations and accompanied by recording of the acts for the purpose of blackamail–High Court omitted to notice that the charge-sheet had already been filed, coupled with the prima facie material emerging from the victim’s statements–High Court also failed to apply the settled parameters governing to grant the bail including the gravity of the offence, Vulnerability of the victim and likelihood of witness’s intimidation–Victim resides in the same locality of the accused-respondent–Impugned order is liable to be set aside.
