A single-judge bench of Justice Rohit Arya laid out a unique condition for granting bail to a man accused of molesting a woman. The Court asked the man to get a rakhi tied by the Complainant on the day of Raksha Bandhan and promise to “protect her for all times to come”.
Facts of the case
In April 2020, Mr Vikram Bagri allegedly entered the house of a neighbour and attempted to molest her. She filed a complaint, and he was arrested in June 2020 under section 354 (sexual harassment), section 452 (house tress pass), section 323 (punishment for voluntarily causing hurt) and section 506 (criminal intimidation) of the IPC, and has been in jail ever since and had filed a bail application in the High Court.
Applicant’s Contentions
The accused stated that he had asked the Complainant’s husband to return an outstanding loan amount, which was advanced by the applicant during the lockdown period. It was argued that the Complainant’s husband had taken exception and as a sequel to the demand, filed the instant false case against the applicant.
The accused’s counsel, Vishal Patidar, filed a petition in the High Court for bail as he is the only bread earner in the family, and since his arrest, the other family members have come to the verge of starvation.
Court’s Analysis
After hearing both, the parties, Justice Arya acknowledged that the accused was entitled to bail as he had already been in jail incarceration for more than two months, and was not required for further custodial interrogation. Additionally, he is the only earner, and since his arrest, his family has been suffering.
Court’s Decision
Several conditions were imposed for granting bail in addition to the prime Condition that he furnish a Rs 50,000 personal bond to the satisfaction of the Court. The Court decided that the applicant, along with his wife, shall visit the house of the Complainant with a Rakhi thread/band at 11 am on August 3 with a box of sweets and request the Complainant to tie the Rakhi band to him with the promise to protect her to the best of his ability for all times to come.
He shall also tender Rs 11,000 to the Complainant as a customary ritual, usually offered by the brothers to sisters on such an occasion, and shall also seek her blessings. The applicant shall also tender Rs 5,000 to the son of the Complainant for purchase of clothes and sweets.
Also, the applicant shall obtain photographs and receipts of payment made to the Complainant and her son, and the same shall be filed through the counsel to be placed on record of this case before this registry.
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