Delhi HC grants bail to rape accused who argued he was falsely implicated
May 13, 2023
New Delhi [India], May 13 : Delhi High Court has recently granted bail to a man accused of raping a woman in Delhi's Lodhi Garden on the pretext of getting her a job.
The defence argued that the case of rape was registered at the behest of a person who is an accused in the murder case of the present accused's younger brother in Uttar Pradesh's Baghpat. The accused is the complainant in the murder case of his younger brother.
Justice Swarana Kanta Sharma granted bail to Sahab Singh after considering the facts of the case and submissions made on behalf of the accused.
Justice Sharma said, "It is not disputed that accused is the complainant in a case lodged by him regarding the murder of his younger brother in which a person named Kishan is the accused."
"The presence of Kishan in the photograph filed on record shows that the accused was with Kishan in Patiala House Court and the same was not disputed by the counsel for the complainant", Justice Sharma observed in the order dated May 8.
The bench noted that the incident had allegedly taken place at 12:30 pm near Gate No 5 of Lodhi Garden.
The accused has also lodged several complaints regarding threats and intimidation and apprehension regarding his false implication.
The prosecution has also not placed on record the biodata allegedly sent by the complainant to the applicant even though his mobile phone was in the custody of police since September 23 last year, Justice Sharma pointed out.
Advocates KC Mittal and Abid Ahmed vehemently argued that the FIR has been lodged at the instance of a friend of the prosecutrix who is connected with the family of the accused in FIRs for offences punishable under Sections 302/504 of IPC and
Section 25 of the Arms Act registered at Bagpat, Uttar Pradesh as a pressure tactic to get the present applicant hostile in the said case.
It was stated that the photograph filed along with the application shows that the prosecutrix is standing with a person named Kishan in Patiala House Court when the applicant's bail application was listed and Kishan is one of the accused in an FIR for murder.
Therefore, the applicant has been falsely implicated at the behest of Kishan against whom FIR has been registered for brutally attacking and killing the younger brother of the applicant, the defence submitted.
The counsel argued that the alleged incident of rape could not have taken place in broad daylight in the afternoon at 12:30 PM at a busy place like Lodhi Garden. Though she states that she has sent her biodata to the applicant, no such record exists, the counsel added.
The Additional public prosecutor (APP) argued that the complainant had been cheated in the name of getting a job and rape was committed upon the complainant.
It was also stated that the husband of the complainant has abandoned her and she is an innocent and vulnerable mother of two children who cannot lodge a false FIR against the present accused.
A bail plea was filed through Advocate Abid Ahmed and Moobina Khan on behalf of the applicant seeking regular bail in case FIR registered on 23 September 2022 at Police Station Tughlak Road, Delhi for the offences punishable under Sections 376/417/506 of the Indian Penal Code, 1860 (IPC).
