Granting Bail To Rape Accused Solely On Plea Of Community Service Completely Unwarranted: Delhi HC [Read Judgment]

HC quashes trial court order of anticipatory bail to MBA student accused of rape on offer of community service

The Delhi High Court has quashed the order of a trial court granting anticipatory bail to a 26-year-old MBA student accused of rape after he offered to do community service by teaching underprivileged children to show his bonafide towards the society.

Justice Sanjeev Sachdeva set aside the part of the trial court order by which the student was granted bail even as the Sessions Judge had himself noted that he was not entitled for concession at the given stage.

Justice Sachdeva noted that the Sessions Judge had, in his February 5, 2018 order, himself noted that the accused was not entitled for bail at that stage but then went on to accept his offer of community service and enlarged him on anticipatory bail.

“Keeping in view the laws laid down by the Hon'ble Supreme Court as well as observations made by the Hon'ble High Courts, this Court is of the considered view that the applicant is not entitled for concession at this stage but the applicant himself offered for community services to show his bonafide towards the society and to teach the children of economically weaker sections/deprived people and contribute his services. Let his offer be accepted and he shall do the community services by teaching the children of economically weaker sections/deprived people and contribute his services at time and place to be scheduled by the IO (Investigating Officer),” the Sessions Judge had said in his order.

The victim/ complainant challenged the same before the high court through advocates Mandeep S Vinaik and Manish Lamba.

“Once the Court had formed a view that applicant was not entitled for concession at that stage, the Court could not have accepted the offer for community services to teach the children of economical weaker sections/deprived people and then enlarge Respondent No. 2 – accused on anticipatory bail. Having found no merit in the application, granting bail solely on the plea of community service, in a case involving sections 313 and 376 IPC, was completely unwarranted,” held Justice Sachdeva.

“In view of the above, the later part of the order, directing release of respondent no. 2 on anticipatory bail, is quashed,” he ordered.

In the instant case, the MBA student stands accused of raping a girl he had befriended on Facebook in year 2011 and causing her miscarriage.

The complainant had alleged that she established physical relationship with the accused after he promised to marry her. A year later, she became pregnant but the accused forcibly administered a medicine to abort the foetus.

The accused had refuted the allegations and had relied upon various precedents including the observations made by the Bombay High Court wherein it was noted that initially a boy and a girl may genuinely want to marry and establish sexual relationship, however, after some time, they may find that they are not mentally or physically compatible and one decides to withdraw from the relationship.

During the hearing on his anticipatory bail, he offered to do community service after which the sessions judge directed him to teach poor kids for six months from 9 AM to 1 PM five days a week at a place identified by the Investigating Officer.