BHAGWAN SINGH versus DILIP KUMAR @ DEEPU @ DEPAK AND ANOTHER

Citation: [2023] 11 S.C.R. 469 · Decided: 23-08-2023 · Supreme Court of India · Bench: S. RAVINDRA BHAT · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

CASE DETAILS
BHAGWAN SINGH
v.
DILIP KUMAR @ DEEPU @ DEPAK AND ANOTHER
(Criminal Appeal No. 2560 of 2023)
AUGUST 23, 2023
[S. RAVINDRA BHAT AND ARAVIND KUMAR, JJ.]
HEADNOTES
Issue for consideration: Whether the Single Judge of the High Court 
was justifi ed in granting bail to the respondent-accused in connection with the 
FIR registered against them by the appellant-uncle of the minor girl alleging 
gang rape, threat of making video of rape recorded viral and extortion for 
the off ences punishable u/ss. 376D, 384, 506 IPC, s. 3 to 6 of POCSO Act, 
s. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of 
Atrocities) Act, 1989 and s. 66 of the Information Technology Act, 2000. 
Code of Criminal Procedure, 1973 – s. 439 – Special powers of High 
Court or Court of Session regarding bail – Grant of bail – Allegation of 
gang rape of minor girl aged 15 years, threat of making video of rape 
recorded viral and extortion – Registration of FIR by the complainant-
uncle for the minor girl for off ences punishable u/ss. 376D, 384, 506 IPC, 
s. 3 to 6 of POCSO Act, s. 3(2)(v) of the 1989 Act and s. 66 of the 2000 Act 
against three accused, one son of the sitting MLA, other an acquaintance 
and the third one the manager of the hotel where the alleged incident 
occurred – Grant of bail by the High Court – Justifi cation:
Held: Instant case is a heinous one and would be a onslaught on the 
dignity of the womanhood – Father of the victim was a police constable, 
far below in the hierarchy of service – One of the accused was the son of a 
sitting MLA and another accused seems to have criminal antecedents and 
the third accused was the manager of the Hotel where the alleged incident 
of gang rape occurred – Reason assigned for 13 month delay in fi ling the 
complaint was constant threat posed by the accused persons of making the 
video of rape to go viral, especially being in a domineering position – Fact 
[2023] 11 S.C.R. 469 : 2023 INSC 761
469
470
SUPREME COURT REPORTS 
[2023] 11 S.C.R.
of delay prima facie cannot be held against the prosecution – Genuineness 
of the complaint cannot be viewed with doubt nor it can be held that by itself 
would be suffi  cient ground to enlarge the accused on bail – Prosecutrix made 
allegations against the concerned accused and it becomes amply clear from 
the plain reading of the complaint as well as the testimony of the prosecutrix 
that accused persons had indeed participated in the gang rape – High Court 
erred in not considering the basic facts while considering the prayer for bail 
– Court framed charges, prima facie discloses the possibility and reasonable 
suspicion of the accused prima facie culpability – Impugned order granting 
bail not only bereft of material particulars which would justify grant of bail, 
but seems that the High Court got swayed on the ground of delay and the 
video having not been recovered during the course of investigation and gave 
a complete go by to the allegation made in the FIR and statement recorded as 
also the testimony of the prosecutrix before the court – Thus, the order of the 
High Court set aside – Penal Code, 1860 – ss. 376D, 384, 506 – Protection 
of Children from Sexual Off ences Act, 2012 – s. 3 to 6 – Scheduled Castes 
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s. 3(2)(v) – 
Information Technology Act, 2000 – s. 66. [Paras 17, 20-21, 23-28]
Bail – Grant of – Parameters to be considered: 
Held: Grant of bail is a discretionary relief – Such discretion is to be 
exercised in a judicious manner and not as a matter of course – Grant of 
bail is dependant upon contextual facts of the matter and may vary from 
case to case – There cannot be any exhaustive parameters for considering 
the application for grant of bail – However, while granting bail the court 
has to keep in mind the nature of accusations, severity of the punishment, 
if the accusations entails a conviction and the nature of evidence in support 
of the accusations – Reasonable apprehensions of the witnesses being 
tempered with or the apprehension of there being a threat for the complainant 
– Prima facie satisfaction of the Court in support of the charge – Frivility 
of prosecution should always be considered and it is only the element of 
genuineness that shall have to be considered in the matter of grant of bail. 
[Para 12]
Bail – Cancellation of grant of bail – Factors to be considered: 
Held: There should be presence of cogent and overwhelming 
circumstances 

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