Rape case: Bail for social work set aside

“Respondent No. 2 — accused is alleged to have committed an offence under IPC sections 313 (causing miscarriage without woman’s consent) and 376 (rape). The accused had filed an application seeking anticipatory bail. The trial court, by the order (of February 5, 2018), had formed an opinion that the accused was not entitled for concession of anticipatory bail.

“Once the court had formed a view that applicant was not entitled for concession at that stage, the court could have accepted the offer for community services to teach the children of economically weaker sections/deprived people and then enlarge the accused on anticipatory bail. Having found no merit in the application, granting bail solely on the plea of community service, in a case involving sections 313 and 376, IPC, was completely unwarranted,” the high court said.

According to the FIR, both the applicant and the complainant were friends, and, on the pretext of marriage, the accused established physical relations with her before forcing an abortion later.

The counsel for the accused had termed the allegation as baseless before the trial court, and stated that the woman was well aware that the marriage was “not solemnised”.

Allowing the bail plea, the trial court had noted: “Keeping in view the laws laid down by the Supreme Court, as well as observations made by high courts, this court is of the considered view that the applicant is not entitled for concession at this stage… but the applicant offered community services to show his bonafide towards the society, and to teach children of economically weaker sections/deprived people…”