The Delhi High Court set aside the pre-arrest bail granted to an advocate accused of rape and assault, observing that there were overwhelming circumstances showing interference with the administration of justice.
Justice Amit Mahajan, while cancelling the bail, noted that although the trial court’s initial order granting bail was not arbitrary, subsequent developments including attempts to influence the prosecutrix through intermediaries and even judicial officers constituted serious misuse of liberty. The Court found prima facie evidence that ₹30 lakh was allegedly offered to the complainant to dilute her case, with a judicial officer purportedly acting as an intermediary.
The complainant, a 27-year-old advocate, had accused the 51-year-old respondent of forcibly establishing sexual relations under the pretext of marriage and later assaulting her at a club in South Delhi. The FIR was registered under Sections 376, 506, 323, and 34 IPC at PS Neb Sarai.
Justice Mahajan observed that while the question of consent arising from a prolonged five-year relationship was a matter for trial, the respondent’s conduct after securing bail particularly contacting the complainant indirectly and attempting to subvert justice warranted revocation of bail.
Terming the alleged involvement of judicial officers as appalling and reflective of a flagrant lack of respect for the criminal machinery, the Court directed that an administrative inquiry be initiated into their conduct.
The Court granted the accused one week to surrender before the trial court and clarified that its observations were limited to the issue of bail cancellation and would not affect the ongoing trial.
Appearances:
For the Petitioner : Mr. Jitendra Kumar Jha and Mr. Bhagwan Jha, Advocates.
For the Respondents : Mr. Sunil Kumarz Gautam, APP for the State with ACP Ranbir Singh DIU/SD and SI Annu, PS Neb Sarai.
Mr. Vikas Pahwa and Mr. Madhav Khurana, Senior Advocates with Ms. Aarushi Singh, Ms. Natasha Garg, Ms. Riya Parihar, Mr. Anubhav Dubey, Mr. Jasmeet S. Chadha, Mr. Thakur Ankit Singh and Ms. Somya Dhawan, Advocates for R2
