The Supreme Court has granted bail to two brothers accused of repeatedly raping a minor girl in Bhilwara, Rajasthan, in a case registered under the IPC and the POCSO Act.
According to the FIR lodged on 17 May 2024, the prosecutrix alleged that the accused had subjected her to sexual assault since 2019 by threatening her with photographs and videos and by intimidating her about her brother’s safety. She further stated that she was taken away on 30 April 2024 and returned on 3 May 2024, after which the complaint was filed following a 14-day delay.
Appearing for the accused, Advocate Namit Saxena submitted that the principal accused had married the prosecutrix upon her attaining majority, but due to family opposition, they eloped and later returned. He argued that vague allegations dating back to 2019 were made only to invoke POCSO provisions, while no recovery of alleged photos, videos, or weapon was made, and medical evidence was absent.
Advocate Saurabh Rajpal, representing the State of Rajasthan, informed the Court that out of 24 prosecution witnesses, only one has been examined so far. The prosecutrix was represented by Advocate Abhishek Atrey.
The Bench of Justices P.V. Sanjay Kumar and Alok Aradhe noted that the accused had already spent a substantial period in custody and that further custodial interrogation was unnecessary. The judges emphasised that while the allegations were grave, their veracity and genuineness remained to be tested during trial, and until then, the appellants could not be presumed guilty.
The Court set aside the Rajasthan High Court’s order dated 26 March 2025, directing the release of the accused on terms to be fixed by the trial court. As a caution, it directed the appellants not to intimidate the prosecutrix or witnesses, not to seek unnecessary adjournments, and to cooperate with the trial.
The Bench clarified that its observations were confined to the question of bail and should not influence the merits of the case.
Appearances:
For Petitioner(s) : Mr. Namit Saxena, AOR
For Respondent(s) : Mr. Saurabh Rajpal, Adv.; Mr. Vinay Kumar Singh, Adv.; Mr. Arpit Bamal, Adv.; Ms. Nidh; Jaswal, AOR’ Dr. Abhishek Atrey, AOR; Ms. Ambika Atrey, Adv.; Mr. Navneet Gupta, Adv