Delhi High Court Grants Bail To Man Accused Of Raping US National After Survivor Refuses To Pursue Case

A Single Bench of Justice Anu Malhotra allowed the bail plea after it was informed that the prosecutrix has refused to pursue the matter any further.

The Bench observed that counsel for the prosecutrix, appointed by the Trial Court, had sought discharge in the matter in as much as the Attorney in the US Department of Justice had informed her that the prosecutrix does not seek to pursue with the matter any more.

The State Government had also told the Court that it is in receipt of some emails forwarded by the Ministry of Home Affairs, which it received from the Consulate General of India, Chicago and the US Department of Justice, informing that the prosecutrix no longer wished to provide testimony or to have any further involvement in the matter, and she had asked not to be contacted about this matter again by the Indian authorities for any reason.

The FIR lodged at Safdarjung Enclave Police Station under Sections 376D (intercourse by management/ staff of a hospital with any woman in that hospital) and 506 (criminal intimidation) of IPC named two men—Shamim and Amit Balguhar (Applicant) in the alleged rape of the prosecutrix on 2^nd September, 2017 during her visit to India.

Whereas Shamim is already out on interim bail, Balguhar had sought bail on the ground that his child is suffering from abdominal TB. The State had also vouched for the correctness of the documents that were submitted by the Applicant qua the ailment of his child.

Taking note of totality of the circumstances, the Court said that the accused is entitled to bail subject to furnishing a personal bond of Rs.1 lac with two sureties of the like amount to the satisfaction of the Trial Court.

Advocates Akshai Malik and Khawar Saleem appeared for the petitioner/accused.

APP Kewal Singh Ahuja appeared for the State.

Case Title: Amit Balguhar v. State

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