Lawstreet Journal

'Arresting person on mere allegations can destroy his reputation': Delhi High Court states while granting bail to rape accused [READ ORDER]

Lawstreet Journal 26 Nov 2021 4:29pm

Image courtesy: Lawstreet Journal Judiciary 'Arresting person on mere allegations can destroy his reputation': Delhi High Court states while granting bail to rape accused [READ ORDER]

The Delhi High Court has recently observed that the arrest of a person based on mere allegations has the potential to destroy his reputation and thus it is necessary to apply great care while dealing with arrest at a pre-conviction stage.

Justice Subramonium Prasad observed so while granting anticipatory bail to one Radhe Shyam in an FIR filed by a woman working in the HR department of his company alleging that he induced and pressurize her and other female employees to have physical relations with him.

The Court observed that the question as to whether or not the sexual intercourse which took place between Shyam and the Complainant was consensual in nature or not is to be dealt with at the trial. 

"However, this Court finds it pertinent to note that consequent arrest of an individual on the basis of mere allegations has the potential to destroy the reputation of the said individual. Therefore, it is necessary to apply great care and circumspection while dealing with arrest at a pre-conviction stage," it added.

Reliance was placed on Siddharam Satlingappa Mhetre v. State of Maharashtra, where the Top Court had held that the gravity of charge and the exact role of the accused must be properly comprehended and before arrest, the arresting officer must record the valid reasons which have led to the arrest of the accused in the case diary.

In the instant case, the complainant had alleged that she had joined the company in June last year, and the… Continue Reading...


Tagged: Delhi High Court  
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