Bombay High Court Revokes Bail Granted to Accused in Gang Rape Case
Bail granted on grounds of accused's impending marriage set aside due to oversight of critical evidence and the gravity of the offence.
In a significant judgment, the Bombay High Court has cancelled the bail granted to Aakash Sandhi Bindu, accused in a high-profile gang rape case. The bail, initially granted by the Additional Sessions Judge at Dindoshi, Mumbai, was set aside by Justice Dr. Neela Gokhale on grounds of having been issued based on "irrelevant considerations," such as the accused's upcoming marriage, despite the severity of the charges and compelling evidence presented by the prosecution.
The case involves allegations against Aakash Sandhi Bindu and two others for committing offences under various sections of the Bharatiya Nyaya Sanhita, 2023. The victim's statement, recorded under Section 164 of the Code of Criminal Procedure, 1973, corroborated by medical evidence, detailed a harrowing account of physical assault and sexual violence, which the trial court failed to fully consider in its bail decision.
The prosecution, represented by Ms. Megha S Bajoria, argued that the trial court overlooked crucial evidence, including the medical report indicating injuries on the victim and the supplementary charge-sheet containing incriminating photographs. The trial court's decision to release the accused on bail was criticized for relying on factors such as the accused's impending marriage, which is not a valid ground for bail in such serious offences.
Supporting the prosecution's stance, Mr. Shivamsinh Deshmukh, representing the victim, highlighted that the accused's actions demonstrated a clear intent to commit the crime, supported by the presence of physical evidence at the crime scene. The legal representatives emphasized that the trial court's decision contradicted established legal principles regarding bail in cases involving heinous crimes.
In her judgment, Justice Gokhale referenced recent Supreme Court rulings, including Shabeen Ahmad v. The State of Uttar Pradesh & Anr., emphasizing that bail granted on superficial grounds undermines the justice system's credibility, especially in grievous crimes like gang rape. The court stressed the necessity of considering the crime's gravity and the accused's potential to interfere with the judicial process when deciding on bail applications.
The court has now directed the accused to surrender to the investigating officer within two days, reaffirming the judiciary's commitment to upholding justice and ensuring that serious allegations are treated with the gravity they deserve. The order serves as a precedent reinforcing the careful scrutiny required in bail applications, especially in cases involving severe crimes.
Bottom Line:
Bail granted on irrelevant considerations such as the impending marriage of the accused, despite the gravity of the offence and material evidence on record, is liable to be cancelled.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 70(1), 115(2), 351(2), 123, 3(5), Code of Criminal Procedure, 1973 Section 164
State of Maharashtra v. Aakash Sandhi Bindu, (Bombay) : Law Finder Doc Id # 2786340
