Delhi High Court grants anticipatory bail to rape accused after he marries victim

Team SoOLEGAL 1 Dec 2020 3:11pm

Delhi High Court grants anticipatory bail to rape accused after he marries victim

On Friday, 27th November, 2020, Delhi High Court had granted an application of anticipatory bail of an accused person who was charged with rape. The victim’s mother had no objection on this bail, as the petitioner has married the victim. Justice Manoj Kumar Ohri was hearing the bail application under Section 438 of CrPC and granted the bail after considering the statement of the victim’s mother.

According to the petitioner, the said FIR had been filed on some kind of misunderstanding between the parties and a request for re-recording of statement under Section 164 of CrPC has also been submitted by the complainant. It was also submitted that while the suspected incident happened between January 2020 and June 2020, the FIR was registered only on 12th July, 2020.

This particular bail application was opposed by Additional Public Prosecutor of the State. According to the opposite party, the statement which was recorded under Section 164 of CrPC has been supported by the prosecutrix. The mother of the prosecution argued that the plaintiff had married the prosecution, and that she had no objection if the petitioner had been released on anticipatory bail. After hearing the claims on both sides, the court issued an anticipatory bail to the accused.

After considering to the entirety of the facts and circumstances, it was ordered that the applicant be released on an anticipatory bail, subject to the requirement of a personal bond of Rs 25.000/-with a promise of the same value to the satisfaction of the Investigating Officer of the concerned of the Police Station.  

Tagged: Delhi High Court   anticipatory bail   Justice Manoj Kumar Ohri   Investigating Officer  
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