Farmers Movement Archive

Tikri gang rape case: Punjab and Haryana HC rejects bail plea, says trial is a discovery in pursuit of truth

CHANDIGARH: Dismissing the bail plea of Anoop Chanaut, one of the accused in sexual exploitation of a girl (now deceased) at Tikri border in Bahadurgarh, the Punjab and Haryana high court has held that the criminal trial is a discovery in pursuit of the truth and without a thorough free and fair investigation, it becomes a futile exercise. In its detailed orders released on Friday, the HC has also observed that it cannot compromise with the quality of free and fair investigation by enlarging the petitioner on anticipatory bail. On the plea taken by the accused that his arrest would be in violation of Article 21 of the Constitution, the HC has held that it (Art 21) is not an absolute right and is subject to the procedure established by law. “The facts and circumstances involved in the present case, point towards the complicity of the petitioner. Thus custodial interrogation of the petitioner is necessary and would not amount to the violation of the petitioner’s right under Article 21 of the Constitution,” observed Justice Rajesh Bhardwaj while dismissing the anticipatory bail plea sought by Chanaut. “...the allegations pertain to a serious crime. A free and fair investigation is the backbone of every criminal trial. The criminal trial is a discovery in pursuit of the truth. Without a thorough free and fair investigation, the trial becomes a futile exercise,” observed Justice Bhardwaj in his 10-page detailed order. He also observed that the petitioner’s counsel has rightly argued that in the present case neither is there any statement of the victim nor any medical conduct but the investigation conducted so far cannot be ignored. On the query put by this court to the state counsel for clarification of this lapse, the reply was that at that time there was no such doubt regarding foul play with the victim.“As the victim was tested Covid-19 positive, therefore, no post-mortem was carried out. However, a complete narration of the incidents to her father which is being investigated by the police, from the call details and disclosure of the co-accused, there is no doubt left in the mind of the court that allegations levelled in the FIR are serious and need thorough investigation,” the order states. The HC held that primarily, the courts are required to take into consideration factors like the gravity of offence, probability of the accused tampering with the investigation and his chances of fleeing from justice while granting anticipatory bail. “Applying the said ratio laid down, to the facts and circumstances of the present case, the petitioner does not deserve the concession of the anticipatory bail as the prayer for custodial interrogation by the prosecution appears to be justified,” the HC held. In his plea for interim bail, Chanaut had asserted that it was a case of molestation but the investigating agency slapped serious rape charges against innocent persons to oblige their political bosses. The FIR in this case, which includes charges of gang rape, was registered on May 9 at city police station Bahadurgarh in Haryana’s Jhajjar district on the complaint of the deceased’s father, a resident of West Bengal. The deceased was staying with the accused to participate in the ongoing farmers agitation at Tikri border against Centre’s farm laws.

The Times of India

2021-08-07

Chandigarh