LI Network
Published on: November 15, 2023 at 00:00 IST
The Delhi High Court has emphasized a crucial distinction between an accused merely ‘joining’ and ‘actively participating’ in an ongoing investigation.
Justice Saurabh Banerjee, presiding over a case involving charges of rape, expressed concern over a prevalent trend where accused individuals appear to superficially adhere to court directives by merely ‘joining’ investigations without genuine engagement.
The court, handling an anticipatory bail application for an individual facing serious charges, underscored that post-bail, an accused is not only expected to participate but actively engage in the investigative process.
Justice Banerjee highlighted the observed trend where accused individuals seemingly comply on a surface level, raising concerns about the lack of genuine involvement in the inquiry.
While acknowledging the constitutional safeguards available to the accused, the court emphasized that the very purpose of granting anticipatory bail would be defeated if active cooperation in the investigative proceedings was lacking. Justice Banerjee stressed the need for sensitivity and understanding regarding the potential consequences of non-compliance with court-imposed conditions.
Considering the accused’s clean record and the absence of prior complaints, the court granted anticipatory bail.
The conditions for the bail include a personal bond of Rs 50,000, one surety of the same amount from a trustworthy individual, and strict adherence to additional stipulations upon arrest.
This decision reflects the court’s commitment to ensuring not only compliance but active and meaningful participation in the investigative process by the accused individuals, emphasizing the gravity of the matter at hand.
