Court grants bail to DU student in rape case as victim didn't oppose it

New Delhi [India], June 24 : Delhi's Tis Hazari Court recently granted bail to a student of the School of Open Learning (SOL) of Delhi University in a rape case, noting that the victim has not opposed the bail. The court also noted that the FIR was lodged after a delay of 176 days. The victim used to study with the accused at SOL and had a love affair with the accused.
Additional Sessions Judge (ASJ) Manoj Kumar granted bail to accused after noting that he is a young man of 20 years old and charge sheet has been filed.
While granting bail to the accused on June 22, the court said, "Whether the accused physically assaulted the prosecutrix or not is a matter of trial."
The court also noted that, as per MLC, there are no external injuries, and the prosecutrix had refused her internal medical examination. She also did not produce her mobile phone. Their friends were also interrogated and they did not support the allegations of the prosecutrix.
Advocate Deepak Sharma, counsel for accused, argued that accused has been in custody since April 12, 2024. There was a delay of 176 days in lodging the FIR. During investigation, friends of victim did not support allegations she levelled.
Delhi police have filed a charge sheet after an investigation, the counsel argued. Therefore, she should be granted bail.
During the hearing, the prosecutrix did not oppose the bail application.
On the other hand, the prosecution said that the accused committed sexual assault/rape upon the victim. The mobile phone of the accused was checked, and obscene photos/videos were found, which corroborated the statement of the victim. He may flee from justice and influence the witnesses; therefore, he should not be granted bail.
On March 28, 2024, an FIR was lodged at police station Sabzi Mandi on the basis of a complaint filed by the prosecutrix.
The bail application stated that the accused and victim have been classmates since 12th grade and study in SOL. They have had a love affair for the last two years.
As per the counselling report, the victim herself admitted that the accused is her boyfriend, as the plea stated.
As per the report, the alleged incident took place on October 4, 2023, at her house. Two friends were also present at her house, but their statements were not recorded. The family of the victim was not happy with their love affair.
Finally, an FIR was lodged on March 28, 2024, after a delay of 176 days. Though the victim had told her mother everything on March 25, the FIR was lodged on March 28.