Delhi Court denies bail to man accused of rape
May 15, 2021
New Delhi [India], May 15 : A Delhi Court on Saturday denied bail to a man accused of raping a woman after sedating her at a party in December last year.
Additional Sessions Judge Sandeep Yadav dismissed the bail application filed by Madhav Bhutani saying that considering the gravity and seriousness of allegations, the accused is not entitled to bail.
"The victim had specifically alleged that she was raped by the applicant after being sedated. This part of the statement of the victim cannot be brushed aside lightly. The offense alleged against the applicant/accused is a serious offense and is a crime against women," the court said.
It added, "It is settled law that the gravity of the offense is a consideration which has to be kept in mind by the Court while deciding the question of grant or refusal to bail."
The court also turned down the accused's submission on the delay in the registration of an FIR by the victim and said, "So far as delay in registration of FIR is concerned, the victim has stated in the FIR that after the incident, she was under trauma and shock and she was able to muster courage after two months to lodge the FIR. Therefore, the delay in lodging the FIR has been sufficiently explained by the victim."
The court said that it was rightly contended by Additional Public Prosecutor LD Singh, as well as counsel for Victim Advocate Niranjan Singh, that the role of the accused has been clearly delineated in the FIR.
Niranjan Singh submitted that the victim was taken into the trap in a clandestine manner by the accused and co-accused. He further submitted that role of the accused is specifically mentioned in the FIR and the crime committed in this case is a ghastly crime.
The court noted that in the present case, the victim, in the FIR as well as in her statement recorded under section 164 has specifically alleged that she was raped by Madhav Bhutani after being sedated.
As per the prosecution, another accused in the case and the victim were classmates, and that the co-accused (other accused) told the victim that a party amongst college friends has been organized on December 29 last year during the day at a particular house.
During the party, the accused Madhav gave a drink to the victim, and one more co-accused Abhinav gave her chips. Later, the victim perceived that her cold drink was laced with sedative and she started feeling dizzy and nauseous. She felt like she was in a semi-conscious state feeling somewhat paralyzed and unable to stand on her feet.
Accused Madhav took advantage of her helplessness and raped her, the prosecution has alleged.