Delhi HC grants bail to accused in gangrape case where he was not named in the initial FIR
Justice Swarna Kanta Sharma [07-06-2024]

Read Order:DHARMENDER @ MOTA v. STATE GOVT. OF NCT OF DELHI [DEL HC- BAIL APPLN. 995/2024]

LE Correspondent

New Delhi, June 14, 2024: Considering the fact that the other accused persons had been granted bail in a gangrape case and the applicant-accused was not named in the initial FIR, the Delhi High Court has granted him bail subject to his furnishing personal bond in the sum of Rs.10,000 

The FIR in this case was registered on the complaint of the prosecutrix, who was allegedly aged about 15 years. It was alleged that on 12.05.2023, when she was returning to her home, a car stopped near her which was being driven by co-accused Mohit, and two other persons namely Kalu and Chinu and she knew all of them. It was stated that thereafter, co-accused Chinu had made her smell a white handkerchief due to which she had lost her consciousness. Upon regaining consciousness, she had found that co-accused Mohit was establishing physical relations with her in an unknown room. She had narrated the entire incident to her sister. 

During investigation, her medical examination was conducted, exhibits were sent to FSL for DNA examination and her statement under Section 164 of Cr.P.C. was also recorded, wherein she stated that she was lured by one fat man, whose name she did not know at that point of time. However, she knew that he lived near her house, and he had taken her to his friend’s flat where two other friends had come and had also forced her to drink alcohol. 

She also stated that four persons had committed rape upon her including one Bhupinder. She further stated in her statement under Section 164 of Cr.P.C. that 15-20 days prior to the incident, Mukesh, Mohit and Dinesh @ Chinu had forcibly pulled her inside the car and had touched her inappropriately. The accused persons were arrested and their blood and semen samples were also sent to FSL for examination. After receipt of the FSL examination, supplementary chargesheets were filed.

The applicant had approached the Delhi High Court by filing an application under Section 439 of Code of Criminal Procedure, 1973 (‘Cr.P.C’) seeking grant of regular bail in case arising out of FIR registered under Sections 376D/363/354A/328/34 of Indian Penal Code, 1860 (IPC).

On a perusal of the facts & circumstances as well as arguments, the Single-Judge Bench of Justice Swarna Kanta Sharma noted that the material witnesses in this case had already been examined including the prosecutrix, before the Trial Court. 

“This Court has gone through the initial complaint lodged by the prosecutrix as well as her statement recorded under Section 164 of Cr.P.C. The applicant herein was not named in the initial FIR, which was registered on the basis of the complaint of the prosecutrix. It was in the statement recorded under Section 164 of Cr.P.C. that the present applicant was named for the first time”, the Bench noticed.

The call detail records also revealed that no phone calls were exchanged between the prosecutrix and the present accused, whereas call exchanges had taken place between the co-accused Love Bhardwaj and Yogesh. The Bench also opined that the FSL report had supported the case qua co-accused Love Bhardwaj and Yogesh, who had already been granted regular bail, and not the present applicant who had been in judicial custody since 08.06.2023.

In light of such aspects, the Bench granted regular bail to the applicant on his furnishing personal bond in the sum of Rs.10,000 with surety of the like amount to the satisfaction of the Trial Court/Successor Court/Link Court/Duty Judge.