In an application filed before the Delhi High Court seeking regular bail regarding a First Information Report (FIR) registered for commission of offences under Sections 302/201/34 of the Indian Penal Code, 1860 (IPC), a Single Judge Bench of Justice Girish Kathpalia allowed the application and released the applicant on bail, holding that there was no evidence to prove that his acts had led to the death of the sex worker.
The deceased, a sex worker, was separated from her husband and used to live with her daughter. Her services were availed by the four accused persons in the present matter, and during aggressive sexual acts, the applicant strangled the deceased to death. Thereafter, all four accused persons dumped her dead body.
The applicant submitted that he had been in jail since 11-09-2023, and that there was no evidence to show that the deceased was a sex worker or that her services were availed by the accused persons. However, the State responded that a bite mark was present on the applicant’s thumb, which had the saliva of the deceased.
The Court noted that the present case was not a case of direct evidence and, regarding circumstantial evidence, found that no witness had seen the deceased with the accused persons. It was stated that the possible evidence connecting the applicant with the so-called aggressive sexual activity could have been obtained only through forensic examination, but it was noted that, as per the FSL report, no sexual activity was detected upon examination of the dead body.
It was stated that even if it is believed that the accused persons engaged the services of the deceased, and one of them carried out aggressive sexual activities, it could not be pointed out as to who was responsible for the same. The Court noted that the other three accused persons had been released on bail and found no reason to detain the applicant.
Further, the Court said that merely because there was a bite mark by the deceased on the applicant’s thumb, it could not be said that the applicant had carried out aggressive sexual activities. Thus, the applicant was directed to be released on bail subject to a personal bond of Rs. 15,000/- with a surety of like amount.
Appearances:
For Petitioner – Mr. Manoj Kumar Duggal
For Respondent – Mr. Sanjeev Sabharwal (APP)
