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TISS gangrape case: High Court denies bail to accused

The Bombay High Court on Wednesday rejected the bail plea of Dev Colabawala,one of the accused in the TISS gangrape.

The Bombay High Court on Wednesday rejected the bail plea of Dev Colabawala,one of the accused in the TISS gangrape. Another accused Anish Borkataki withdrew his bail application after the court observed that the allegations against them are grave and serious.

While denying the bail,Justice V M Kanade pointed out various facts like the victim was taken to the Andheri flat even though she did not want to go and also that the two accused were present in the house till morning. It also observed that the accused acted in unison since even those who assisted in the crime are liable.

The court,however,directed that the trial should be expedited as one of the accused filed for a discharge application in the fast track court today.

Advocate Majeed Memon,appearing for Anish,sought for a speedy trial since the accused has to appear for his examinations and he was sure that he would get a clean chit.

Additional Public Prosecutor Yogesh Nakhwa opposed the application on the ground that the accused was not a resident of Mumbai and might abscond if enlarged on bail. During arguments it was pointed out that both the accused were not in the same rickshaw as the victim and therefore did not share “common intention”.

The prosecutor also argued that the victim was not in proper state of mind and the chemical analysis report showed presence of cannabis in the urine. It was also stated that the allegations of rape is not totally unfounded.

Both the accused were also seeking bail on the grounds of parity as another accused,Kundan Borghohain,to whom the flat belonged,was released on bail earlier.

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Memon had on Tuesday argued that except for the other three accused nobody else had steeped into the room where the alleged rape happened.

Colabawala’s application cited that the FIR and supplementary statements of complainant do not indicate any definite allegation of the rape.

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