Anticipatory bail plea of rape accused dismissed by the court'
The accused did not join investigation even after two months of registration of FIR, he said, adding that accuseds custodial interrogation was required. Hence, the accused shall not be granted anticipatory bail in this case, the APP said.
A Delhi court has dismissed the anticipatory bail plea of a rape accused, saying the charges against him were "serious in nature".
According to the FIR, the survivor was looking for a house for rent following which the accused took her to an empty house in a residential colony.
The accused then showed the victim a pistol and forcefully established a physical relationship with her. He also made obscene videos of the woman and threatened to make them viral, the FIR said.
"Considering the facts and circumstances of the case, the court is of the view that charges are serious against the applicant. Further, the need for 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 the FIR. Such type of conduct is not allowable. No ground is made out for granting discretionary relief. Accordingly, the present application is dismissed," Additional Sessions Judge Naveen Gupta said in an order passed on August 8. Counsel for the accused said 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 said the accused was facing "serious charges" and Non-Bailable Warrants (NBWs) were already issued against him.
In his statement, the house owner said the accused had taken the keys to his house on May 5 and as per the Call Detail Record (CDR), the accused's mobile phone was in the area of the incident, the APP said.
On the day of the incident, one independent witness stated that she had seen one man and woman coming out of the house and the woman was crying at that time, the APP said. The accused did not join the investigation even after two months of registration of FIR, he said, adding that the accused's custodial interrogation was required. "It is surprising to note that three persons had kidnapped him… on May 5, 2022, but he has sent a complaint in this regard to Station House Office (SHO), Police Station (PS) Seemapuri on June 2, 2022, only and that too through the post. Hence, the accused shall not be granted anticipatory bail in this case," the APP said.
(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)