A Delhi court has granted anticipatory bail to a rape accused after he offered to do community service and teach underprivileged children. The 26-year-old, an MBA student, is accused of raping a woman and forcibly administering a tablet that induces abortion.
Hearing the bail plea on February 5, Special Judge Jitendra Kumar Mishra said that as per laws laid down by the Supreme Court as well as the ‘observations’ made by the High Court, the accused is not entitled for ‘concession’ at this stage. “But the applicant himself offered community services and to teach economically weaker sections, and contribute his services as scheduled by the IO (investigation officer). Let the applicant (accused) be released on anticipatory bail,” the judge said.
The case was registered in Shahbad Dairy police station under IPC sections 376 (rape) and 313 (causing miscarriage without woman’s consent) on January 21. 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, Pradeep Rana, submitted to the court that the allegations by the complainant woman were ‘false’. He submitted that the prosecutrix (the woman) was a consenting party and was well aware of the fact that the marriage was “not solemnised”. “Therefore, when either party does not want to marry, the other party cannot forcefully impose marriage on the applicant.”
The additional public prosecutor (APP) opposed the bail, stating that the case is still at investigation stage. “There is apprehension the accused may hamper the investigation… influence the witness, including the complainant,” the APP submitted.
The court said the accused will have to teach for six months from 9 am to 1 pm, five days a week and has to inform the area councillor so that he can make optimum use of his services. “In case there is a breach on the part of the accused, the IO is at liberty to move plea for cancellation of bail,” the court said.