Anticipatory bail plea of rape accused rejected by court

As per the FIR, the survivor was searching for a house on rent following which the accused took her to an empty house in a residential colony.

The accused then threatened the victim with a pistol and forcefully established physical relationship with her. He also made obscene videos of the woman and threatened to make them viral, the FIR read.

In an order passed on 8 August, Additional Sessions Judge Naveen Gupta stated that considering the facts and circumstances of the case, the court is of the view that charges are serious in nature against the applicant. Further, need of custodial interrogation of the accused in the present case cannot be ruled out. The accused has not joined the investigation even after two months of registration of FIR. Such type of conduct is not allowed. No ground is made out for granting discretionary relief. Accordingly, the present application is dismissed.

Counsel for the accused said that the allegations were false and that on the day of the incident, the accused was kidnapped by three people who owed him Rs 2 crore on account of some business deals.

Seeking anticipatory bail, the counsel said the accused had no relation with the survivor, and he was ready to join the investigation.

Opposing the bail plea, Additional Public Prosecutor (APP), Kamal Akhter stated that the accused was facing serious charges, and Non-Bailable Warrants (NBWs) were already issued against him.

According to the house owner’s statement and the Call Detail Record (CDR), the accused took the owner’s house keys on 5 May. The accused’s cellphone was also reportedly found nearby, as per the APP.

One independent witness claimed that she had seen a man and a woman leaving the residence on the day of the incident and the lady had been sobbing.

The APP claimed that despite the FIR being registered for two months, the accused had not joined the investigation and that further interrogation of the accused in custody was necessary.

It is startling to learn that despite the fact that he was abducted by three people on 5 May 2022, he didn’t file a report with the Seemapuri Police Station until 2 June 2022, and even then only via post. As a result, the APP stated that the accused will not be given anticipatory bail in this situation.

(With inputs from PTI)

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