STATE OF JHARKHAND Vs. SALAUDDIN KHAN

JUDGEMENT

(1.) Leave granted.

(2.) The appellant - State of Jharkhand has challenged the order dtd. 8/2/2021 whereby the respondent was ordered to be released on bail. The appellant has also challenged order dtd. 26/3/2021 whereby on an application moved for modification of order dtd. 8/2/2021, the bail condition regarding grant of interim compensation has been clarified to the extent that the same was to be given to only one victim.

(3.) The allegations against the respondent are that while two minor girls aged 14 and 15 years were going to Pragya Kendra for updating their pass books, the respondent and four other accused apprehended and forcefully picked them on their motorcycles and then gang raped them. FIR No.56 of 2020 was registered against them under Ss. 341, 342 and 376(D) IPC and under Ss. 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO') besides Sec. 3(4)(w)(i) of the SC/ST Act. The victims in their statements under Sec. 164 Cr.P.C. have supported the allegation of sexual assault on them. Some of the eye-witnesses are also stated to have given their statements under Sec. 164 Cr.P.C. in support of the prosecution case.