New Delhi: The Supreme Court has granted anticipatory bail to a 28-year-old man accused of molesting a minor girl, who is his neighbour, saying that he "must maintain physical as well as virtual distance from the prosecutrix and other witnesses in the case".
A bench comprising Justices Hrishikesh Roy and S V N Bhatti, in an order passed on December 10, said: “We have considered the submission of the counsel for the parties. Also perused the materials on record including the latest case diary produced by the state. The statement of the prosecutrix recorded under Section 164 Cr.P.C. (statement recorded before a magistrate)) is also perused”.
The bench noted that the petitioner has cooperated with the investigation and the chargesheet in the case is yet to be filed, and added, "We deem it appropriate to allow anticipatory bail for the petitioner, requiring him to further cooperate with the investigation”. The petitioner was represented by advocate Namit Saxena before the top court.
The bench said if the police wish to arrest the petitioner in connection with a 2022 FIR registered with police station Gadhmora, then on furnishing a bail bond of Rs.20, 000 to the satisfaction of the arresting officer, the petitioner shall be allowed to go on bail.
The bench said: "As the prosecutrix is a neighbour of the petitioner, the petitioner must maintain physical as well as virtual distance from the prosecutrix and other witnesses in the case".
The bench added that the state and the informant are at liberty to move for cancellation of bail if any violation of this condition is brought to the notice of the trial court.
The petitioner moved the top court challenging the order passed by the Rajasthan High Court in October 2023, dismissing his anticipatory bail application.
The petitioner’s plea contended that the High Court failed to appreciate the long-standing rivalry between the petitioner's family and that of the prosecutrix, and the prosecutrix's family, motivated by this animosity, fabricated a false story and used the prosecutrix to falsely implicate the petitioner with the intent of putting him in jail.
"That many family members of the petitioner's family were present in the house at the time of the alleged incident, it is highly unlikely that the events occurred as described in the FIR. Furthermore, it is implausible that the prosecutrix would visit the petitioner's house solely to charge her phone, especially given that both families are not even on speaking terms, a fact well known to those in the vicinity", said the plea.
"The petitioner has no criminal antecedents and is an academically meritorious person, having successfully cleared the Rajasthan Police Constable preliminary examination 2021. However, his entire career has been jeopardised due to the present complaint….", contended the plea.
