The Bombay Supreme Court has set aside the bail that is granted to a man accused of Gangrape and has established that the Dindoshi Sessions court wrongly released on the basis of his approaching marriage. The Supreme Court has ordered the accused to surrender immediately.
A bank of Justice Neela Gokhale noted that the court had “had ignored relevant material” and had not considered the seriousness of the violation. “The fact that the court has considered this a parameter for bail itself is somewhat disturbing,” noted Justice Gokhale.
The suspect had spent about two and a half months in custody before released on 24 February on Bating, supposedly before his marriage. Extra public public prosecutor Megha’s Bajoria, who appeared before the State, the court said, however, that no marriage had been concluded to date and argued that the reasoning of the Sessieshof was untenable.
The case, registered in 2024 at the DN Nagar police station in Mumbai, includes three men accused of stealing a woman after they have reported her drink. According to the FIR and the survivor’s explanation for a magistrate, she was beaten, she sustained a head injury and was then tied and raped by all three accused. The medical report confirmed its account and noted head injuries and several scratches.
Justice Gokhale noted that the woman’s statements were consistent, and other evidence, including the Spot Panchnama and the testimony of her uncle, supported her version. The bank said that the court had wrongly given weight to the absence of injuries to the private parts of the survivor and the upcoming marriage of the suspect.
“What bothers me the most are the considerations that are weighed by the court while they write the disputed order,” Justice Gokhale remarked, and emphasized that threatening marriage is not a recognized ground for bail.
The Supreme Court concluded that both the law of the law and the Supreme Court make it clear that such factors cannot ignore the seriousness of the charges.
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