LI Network
Published on: November 12, 2023 at 10:52 IST
The Delhi High Court Justice Saurabh Banerjee, highlighted the obligation of an accused, post bail, not only to “join” but also to actively “participate” in the investigation.
The court emphasized the distinction between mere presence and genuine involvement in the ongoing probe.
Justice Banerjee expressed concern over a prevalent trend where accused individuals, despite court directives or imposed conditions, tend to only superficially “physically” join the investigation without substantial engagement. The court asserted that such nominal cooperation undermines the purpose of granting bail, particularly anticipatory bail, potentially hindering the ongoing investigative process.
The judge stressed the importance of accused individuals demonstrating sensitivity, diligence, and understanding regarding the conditions set by the court during the bail grant.
These observations were made in the context of the court granting anticipatory bail to a government school teacher accused in a rape case. The FIR, filed in June, included charges under Sections 328, 376, and 506 of the Indian Penal Code, 1860. The complainant alleged that the accused, whom she met on an online dating application, committed acts of sexual misconduct after intoxicating her during a visit to his house.
The court, while granting relief to the accused, emphasized that the veracity of the allegations would be determined during the trial. It took note of the complainant’s transactions on e-commerce websites using the accused’s credit/debit card and highlighted the accused’s family ties, clean antecedents, and the absence of any history of complaints or FIRs against him.
The court concluded that there was no necessity for custodial interrogation, and denying bail could lead to the accused’s ignominy, humiliation, and social disgrace.
Case Title: VINEET SURELIA v. THE STATE OF NCT OF DELHI