Rape Victim A Court Employee kept quiet for a long time Bail Granted: PB & HR HC

The Punjab and Haryana High Court recently granted bail to a man after noting that the victim was a court employee who remained silent for an extended period of time despite being aware of the consequences and legal remedies.

 In granting bail to the defendant, Justice Anoop Chitkara's bench stated: "The victim is a Court employee, a mature woman, and she is aware of the consequences and legal remedies. Instead, her silence for such a long time would strengthen the petitioner's case for bail."

In a FIR filed against him for alleged rape under Section 376, the court was seeking anticipatory release. The victim, a mature adult woman, alleged that the petitioner slowly and steadily developed a friendship with her before bringing her to his home and attempting to establish a sexual relationship with her.

In response to her refusal, he played Anand Karaj Sahib on his mobile phone, placed the Gutka Sahib in front of her, and gave her laavaan phere. He also applied vermillion to my parting hairline. After that, he engaged in sexual activity with her. Later, he renounced the aforementioned marriage.

She claimed he repeatedly raped her and blackmailed her by threatening to show her father nude photographs and videos.

The court considered the victim's education level and the fact that she is a court employee before determining that the defendant was eligible for bail. "The petitioner is a first-time offender, and one of the relevant factors would be the opportunity to make amends," emphasised the Court.

In light of this, and without commenting on the merits of the case, in light of the case-specific facts and circumstances, and for the aforementioned reasons, the court ruled that the petitioner had made a case for bail.

Thus, the court ruled that, in the event of arrest, the petitioner shall be released on bail, provided he furnishes a personal bond of INR 10,000/- and one surety for Rs. 25,000, to the satisfaction of the investigating officer.

D.D:28 JUNE 2022

Harmanjot Singh  Versus State of Punjab