Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Consideration—Considering an anticipatory bail includes graving of offence, impact on the society, nature of offence, offender, victim and many other factors.
[Para 9]
Section 438—Anticipatory bail—Gang rape—FIR registered under Sections 341, 376D & 506 of IPC—Contention that present FIR has been lodged as counter-blast to the FIR lodged against family members of informant—According to the FIR, at the time of gang rape, there were only two applicants—During medical examination the victim tells that there were six persons in the field and two out of those raped her—In her statement under Section 161 of CrPC also she tells that there were six persons—Two raped her and four escorted her mother-in-law—But, in her statement under Section 164 of the Code, the victim speaks about the presence of applicants at the time of rape—Mother-in-law of victim also tells that at the time of gang rape, there were six persons—It is not stated in the FIR—Having considering the entirety of events, including the version in FIR, which was allegedly lodged by family members of the applicants prior in time and attending factors, the fit case for anticipatory bail is made out—Application allowed in so far as it relates to the applicant.
[Paras 6, 11 to 13]