Delhi court grants bail to student in rape case, noting no objection from victim

Delhi's Tis Hazari Court granted bail to a Delhi University SOL student in a rape case, noting the victim's lack of opposition and a 176-day delay in filing the FIR. The prosecution cited incriminating media on the accused's phone, while the defense highlighted custody since April 2024 and lack of witness support.

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Delhi's Tis Hazari Court recently granted bail to a student from the School of Open Learning (SOL) at Delhi University in a rape case, highlighting that the victim did not oppose the bail and noting a delay of 176 days in filing the FIR. The victim, who had a romantic relationship with the accused, studied alongside him at SOL.

Additional Sessions Judge (ASJ) Manoj Kumar granted bail to the 20-year-old accused, observing that he is young and a charge sheet has already been filed. The court emphasised that the question of whether the accused physically assaulted the victim is a matter for the trial to determine.

In granting bail on June 22, the court remarked that the medical examination (MLC) showed no external injuries and that the victim refused an internal medical examination. Additionally, the victim did not provide her mobile phone, and her friends, who were questioned, did not support her allegations.

The accused's counsel, Advocate Deepak Sharma, argued that his client had been in custody since April 12, and highlighted the significant delay in filing the FIR. During the investigation, friends of the victim did not corroborate her allegations. Sharma also noted that a charge sheet had been filed following the investigation, which warranted granting bail.

On the other hand, the prosecution argued that the accused had committed sexual assault/rape and that his mobile phone contained obscene photos/videos supporting the victim's claims. They expressed concerns that the accused might flee or influence witnesses, thus opposing the bail.

An FIR was lodged at the Sabzi Mandi police station on March 28, based on the victim's complaint. The bail application mentioned that the accused and the victim had been classmates since the 12th grade and had a two-year romantic relationship. According to a counseling report, the victim acknowledged the accused as her boyfriend.

The alleged incident occurred on October 4, 2023, at the victim’s house, where two friends were also present, although their statements were not recorded. The victim’s family reportedly disapproved of their relationship. Despite the victim informing her mother on March 25, the FIR was filed only on March 28, after a delay of 176 days.