September 25, 2021 4:45:21 pm
Special Judge Vikas Dhull granted the anticipatory bail to Raj observing that there was a “possibility of false implication being prima facie established and there being no chance of tampering with the evidence or applicant/accused fleeing from justice.”
“…it was in fact prosecutrix, who was trying to threaten the applicant/accused to defame him by circulating his picture/video which were in her possession and she also corroborated the allegations made in the FIR lodged by applicant/accused that they had consensual physical relationship,” the court said.
In this case, both the accused and the woman have registered cross FIRs against each other. Raj had alleged that the woman had tried to extort Rs 1 crore from him and implicate him in a false rape case by leaking some obscene photos of him on social media. After three months, the woman approached the police accusing the MP of rape.
The court noted that there is “an unreasonable delay in lodging the FIR by prosecutrix” and that the “present FIR lodged by the woman was a counter blast to the FIR lodged by the applicant against the woman way back in February 2021 accusing her of extortion.”
Court noted that there was an “admission made by prosecutrix that whatever happened between her and the applicant/accused was consensual in the transcript of audio recording dated 27.08.2020.”
The court also noted that the possibility of Raj “fleeing from justice is also quite remote” as he is a “sitting Lok Sabha member and has got deep roots in the society”.
The court noted that the “possibility of applicant/accused threatening the prosecutrix is quite remote” as the police had been directed to provide her security in a previous order. “There is also remote likelihood of applicant/accused repeating the similar or any other offence as he is a sitting member of Lok Sabha and he will not jeopardise his chance to get re-elected by committing similar or any other offence,” the court said.
Court has also clarified that nothing expressed in its order “shall tantamount to expressing any opinion on the merits of this case”.
The applicant’s lawyer, senior advocate Vikas Pahwa, had argued that the allegations made by the woman “are not believable as there is a long delay of 16-17 months in reporting the incident to the police from the date of alleged commission of rape.”
He argued that in a “well planned and calculated manner, prosecutrix had got false case of rape lodged against the applicant/accused just to put pressure on the applicant/accused not to pursue his case of extortion lodged against the prosecutrix.”
Pahwa argued that in a “serious and grave offence of rape, normally prosecutrix would have herself gone to the police station to lodge a complaint”, however, she sent her complaint through speed post which shows “the casual manner in which prosecutrix was pursuing the serious offence of rape.”
Additional Public Prosecutor had opposed his anticipatory bail on the ground of gravity of allegations made against the accused.
“…accused is a sitting member of Parliament and he has used his power and position to commit serious offence of rape upon the prosecutrix and, therefore, in such a serious offence, anticipatory bail needs to be declined to applicant/accused,” the prosecutor argued.
The APP argued that the woman “could not get the courage to report the matter earlier and when she left the Lok Janshakti Party in February, 2021, then she got the courage to lodge an FIR against the applicant/accused.”
The APP submitted that “since the prosecutrix had explained the reasons for delay in lodging the FIR, there is no reason to doubt her allegations.”
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