Law: Criminal Procedure Code (V of 1898)

Section: 498,164

Law: Penal Code (XLV of 1860)

Section: 377,511,377A,377B

Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), Ss. 377 & 511---Compelling minors to commit sodamy with each other---Punishable with imprisonment---Ad-interim pre-arrest bail, recalling of---Applicant was accused of compelling two minors under the threat of a firearm to engage in sodomy with one another---Applicant allegedly recorded videos and took nude photographs of the victims to blackmail them into further sexual exploitation---Such allegations were strongly supported by the victims' sworn testimonies under S.164, Cr.P.C., which explicitly identified the applicant as the principal offender---During trial proceedings, the applicant accessed his mobile phonecontaining explicit materialby entering the password, thereby confirming his sole control over the device---Trial Court reviewed the video evidence, which depicted the minors in a state of visible fear and distress, corroborating the use of coercion---Said material substantiated the applicant's intent to exploit the victims through blackmail---Video evidence, combined with the S.164, Cr.P.C statements, formed irrefutable proof of guilt---Gravity of the offence, marked by the sexual exploitation of minors, intimidation and blackmailing constituted a severe societal harm, necessitating the outright rejection of bail---Such crimes strike at the core societal values and demand zero tolerance---Evaluating evidentiary inconsistencies at this stage was inappropriate, as bail hearings were not intended for exhaustive trial like scrutiny---Given the heinous nature of the charges and their profound impact on communal conscience, the denial of bail was imperative to uphold justice and protect vulnerable victims---Given that the applicant was, prima facie, linked to the charges under Ss.377, 511 & 377A, P.P.C, read in conjunction with S.377-B, he was not eligible for bail at the current stage---Bail petitionwas accordingly dismissed---Ad-interim pre-arrest bail granted to the applicant was recalled.Date of hearing: 5th March, 2025.ORDERJAN ALI JUNEJO, J.---The present Criminal Bail Application has been filed on behalf of the Applicant/Accused, who is seeking pre-arrest bail in…