Saurabh Malik
Chandigarh, June 30
A rape victim’s long silence would make out a case for granting bail to an accused, the Punjab and Haryana High Court asserted in a case where the prosecutor was a mature woman and a court employee aware of the “consequences” and the legal remedies.
Justice Anoop Chitkara asserted: “The victim is an employee, mature lady and working in the court and she would know the consequences and legal remedies. Instead, her keeping quiet for such a long time will make out a case for bail to the petitioner.”
The accused in the case was seeking anticipatory bail in an FIR registered on May 12 at the Moga city police station for rape under Section 376. The Bench, during the course of hearing, was told that the victim, “a working matured adult lady” had alleged that the petitioner slowly and steadily started building friendship with her before eventually raping her.
It was also alleged that the petitioner stopped her from talking to anybody in the court, where she was working. He would call and abuse her in case she talked to someone else. He would blackmail her on the pretext of showing her nude photographs and video to her father upon her refusal.
His counsel told the Bench that custodial investigation would not serve any purpose whatsoever and pre-trial incarceration would cause an irreversible injustice to the petitioner and his family. The state, on the other hand, opposed the bail plea.
Justice Chitkara added the there was no need to comment further in the matter as it might prejudice the prosecution case. “The petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correcthellip;.,” Justice Chitkara added.
Before parting with the case, Justice Chitkara directed that the petitioner would be released on bail in the event of his arrest in the case, subject to his furnishing a personal bond and a surety. He was further directed to join the investigation within three days and subsequently on every date he was called by the investigator.
Justice Chitkara added the petitioner would not be called before 8 am and would be let off before 6 pm, whenever the investigation was carried out within the police premises. He would not be subjected to third-degree, indecent language, inhuman treatment etc, the Bench concluded.
Rape victim’s long silence ground for bail to accused, says High Court
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