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Synopsis

While observing that the DNA of the unborn child of the prosecutrix did not match the DNA of the accused, the Delhi High Court recently granted bail to a man accused in a rape case.

The bench of Justice Jasmeet Singh noted that there was no allegation of any kind against the accused in the statement under Section 164 of the Criminal Procedure Code, 1973 (CrPC) of the prosecutrix.

The court was hearing an application seeking the release of the petitioner-accused for regular bail in FIR registered under Section 376 of the Penal Code, 1860 (IPC) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

As per the FIR, the petitioner had a sexual relationship with the prosecutrix on the pretext of marriage and because of this, she became pregnant. Thereafter the FIR was registered against him.

In the present case, the accused was in custody since August 14, 2022, and his custodial interrogation was not required as the police after investigation had filed the chargesheet and a supplementary chargesheet had also been filed.

The counsel for the petitioner contended that the trial was also not likely to conclude soon, and the continued incarceration of the accused would not serve any purpose. It was also stated that the apprehension of the State that the accused might flee from the course of justice or might influence the witnesses could be addressed by imposing stringent conditions upon him.

Justice Singh noted that in the statement under Section 164 of CrPC of the prosecutrix, it had been stated that one Krishna had a sexual relationship with the prosecutrix but there was no allegation of any kind against the accused-petitioner in the statement.

“In view of the above two facts i.e., the applicant not named in the statement under Section 164 Cr. P.C of the prosecutrix and the DNA of the unborn child of the prosecutrix not matching with the DNA of the applicant, I am inclined to allow the application. The fact whether sexual relationship on the pretext of marriage was established with the prosecutrix or in fact there was any sexual relations at all is a question of trial which will be determined once the parties enter into the witness box”, the court held.

Thus, the court granted bail to the accused petitioner on furnishing a personal bond of Rs. 10,000 and one surety of like amount, subject to the following conditions:

1. The accused or his family members/relatives/friends would not be within a radius of 1 km of the prosecutrix or any of her family members and the petitioner should not contact her through WhatsApp, mobile, telephone, SMS, etc., or any other social media;
2. The accused should not indulge in any act or omission that was unlawful, illegal or that would prejudice the proceedings in pending cases, if any;
3. The accused or his family members/relatives/friends would not try to intimidate the prosecutrix or family of the prosecutrix or influence/tamper with any of the witnesses/evidence in any way.

Accordingly, the court disposed of the present application.

Case Title: Kuldeep Kumar v. State (NCT of Delhi)