Punjab & Haryana High Court Denies Anticipatory Bail To Man Who Allegedly Raped Farm Law Protestor At Tikri Border

Calling it a serious crime, the Bench of Justice Rajesh Bhardwaj opined that the petitioner didn't deserve the concession of the anticipatory bail and the custodial interrogation by the prosecution appeared to be justified.

Noting that there are specific allegations of rape and abduction against the bail applicant, the Court said that it can't compromise with the quality of free and fair investigation by enlarging the petitioner on anticipatory bail.

"… it is well settled that Article 21 of the Constitution is not an absolute right and is subject to the procedure established by law. The facts and circumstances involved in the present case, points towards the complicity of the petitioner and thus custodial interrogation of the petitioner is necessary and would not amount to the violation of the petitioner's right under Article 21 of the Constitution," the Court further added.

Facts in brief

The bail applicant has been booked for offences under Sections 120-B, 365, 354, 376-D, 342, 506 IPC for allegedly gang-raping a 25-year-old Artist and Ornament Anosnament Designer from the state of West Bengal who was participating the ongoing farm law protest.

The father of the victim girl (now dead) got registered an FIR in the matter alleging that his daughter, a supporter of the farmer movement, was part of a group of six people that traveled from Bengal to Delhi in April, and the group included the accused, Anoop.

It was further alleged that she was sexually assaulted in the train while going to Delhi by train and thereafter, the girl stayed in a tent along with three persons, including the present applicant, wherein she was allegedly raped in the tent.

Thereafter, she allegedly died of Covid on April 30.

Earlier, the co-accused in this matter approached the Court for anticipatory bail, which was declined by the Coordinate Bench.

The present petitioner being specifically named in the FIR also approached the Additional Sessions Judge, Jhajjar for the grant of anticipatory bail, however, the same too, was declined.

Aggrieved by the same, the petitioner approached the High Court by way of filing the instant petition.

Court's observations

At the outset, the Court noted that the complete narration of the incidents to her father (by the deceased victim) which is being investigated by the police, from the call details and the disclosure of the co-accused there is no doubt left in the mind of the Court that allegations leveled in the FIR are serious and needs a thorough investigation

The Court was further of the view that it cannot ignore the fact that the co-accused Ankur whose prayer for the anticipatory bail had already been declined by the Coordinate Bench carried the allegations of outraging the modesty of the victim.

In view of the discussion, the present petition was found to be devoid of any merit and thus, it was dismissed.

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