The Gujarat High Court granted bail to one of the five gangrape accused, quoting the victim’s “friendly terms with the applicant.” The accused is one of the five booked under Sections 376(D), 120(B), 406, 294(B), 506(2), 328, 362 and 114 of the Indian Penal Code. The bail was delivered by the single bench of Justice Rajendra M. Sareen while adjudicating a Criminal Misc Bail application filed by Pragnesh Harshadbhai Patel.
The Court, in light of the evidence submitted, observed: “The allegation of rape appears to be unjustified, since all the while the first informant, had been enjoying the hospitality of the applicant and other accused. There does not appear to be any justification for the first informant continuously accepting the hospitality of the accused…”
However, the public prosecutor advocate R.J. Goswami pleaded a re-consideration stating that the victim “was threatened and intimidated to settle the matter with the accused.” It was also argued that “releasing the applicant on regular bail at this stage, would derail the trial.”
In its defence, the court relied on a law by the Apex Court in the 2012 Sanjay Chandra vs Central Bureau of Investigation case. Justice Sareen also noted “the friendly terms between the applicant, informant and victim.”
Senior advocate I.H. Saiyed, arguing for his client, pointed out that “the victim is not present on case hearing dates and the applicant has been in custody in a matter sub-judice since 10.11.2020.”
The bail comes against a bond of Rs 2,00,000/- (Rupees Two Lakhs only).
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