Deepali Kalia
Delhi Court denied bail to Madhav Bhutani who was accused of raping a woman after he allegedly sedated her in a party in December last year.
Additional Sessions Judge, Sandeep Yadav had dismissed the bail application stating that due to the seriousness of the allegations made by the accused was not entitled to bail application.
“The victim had specifically alleged that she was raped by the applicant after being sedated. This part of the statement of the victim cannot be brushed aside lightly. The offense alleged against the applicant/accused is a serious offense and is a crime against women,” The court stated.
“It is settled law that the gravity of the offense is a consideration which has to be kept in mind by the Court while deciding the question of grant or refusal to bail.” The court further added.
The court also rejected the submission by the accused on the delay of the registration of an FIR by the victim and stated, “So far as delay in registration of FIR is concerned, the victim has stated in the FIR that after the incident, she was under trauma and shock and she was able to muster courage after two months to lodge the FIR. Therefore, the delay in lodging the FIR has been sufficiently explained by the victim.”
It was stated by the Court that the counsel for the victim Niranjan Singh and Addition Public prosecutor LD Singh have rightly asserted that the role of the accused has been specifically described in the FIR.
The prosecution had submitted that the victim was lured into a trap in a covert manner by the accused and the co accused. They stated that another accused and the victim were classmates and the co accused (other accused) had told her about the party on December 29, last year.
At the party the accused gave victim a drink, another co- accused gave her chips. When the victim started to feel drowsy and nauseous she became aware that her drink was laced. She then felt paralyzed following which the accused allegedly raped her.