Calcutta High Court Seeks Explanation From Police Why Person Accused Of Threatening Alleged Gang-Rape Victim Released "Promptly"

The Calcutta High Court has expressed dismay at the action of Police authorities in "promptly releasing" a person, accused of threatening the victim of alleged gang rape case of Vedic Village in Rajarghat to withdraw her case.

The division bench of Justice Ajay Kumar Gupta and Justice Joymalya Bagchi has directed the Officer-in-Charge of the concerned Police Station to appear in person and submit an explanation as to why the aforesaid course of action was adopted.

The victim in her complaint alleged that in November, 2022, four men gang raped her at the party after spiking her drink.

Vishal Periwaj was identified by the victim in Court as the man who threatened her where after the trial court directed the investigating officer to hand him over to Lake Police Station. He was booked under Sections 195A (Threatening any person to give false evidence) and 506 (Criminal intimidation) of IPC and was remanded to custody on May 17.

However, to court's shock, he was soon released on personal bond.

“We are conscious of the directions given by the Hon'ble Apex Court in Arnesh vs. State of Bihar and reiterated in Satender Kumar Antil v. CBI & Anr. with regard to release of undertrials in cases involving offences punishable with imprisonment upto 7 years. Moreover, one of the exceptions to grant of bail in such cases is threat/ intimidation to witnesses. Trial Judge had noted the apprehension expressed by a vulnerable witness with regard to threat held out by the said accused and had directed the investigating officer to take him into custody. It may be relevant to note threat, inducement to a witness is a valid ground for arrest and detention of an accused as per Section of 41(b)(ii)(d) of the Code of Criminal Procedure in cases involving offences upto 7 years. In such cases the police would not justified to resort to Section 41 -A of the Code of Criminal Procedure and/or release such an accused on personal bond particularly when the vulnerable witness is being examined,” the bench observed.

The Court issued suo motu notice upon the said person to show cause why his bail shall not be cancelled. The Court further directed that until further orders the said person shall remain in police custody and shall not electronically or otherwise contact the victim or her family members.

Case Title: In Re: Madhav Agarwal & Ors. v. The State

Coram: Justice Ajay Kumar Gupta and Justice Joymalya Bagchi