A Delhi court has granted bail to 12 persons, including three women, who are facing trial in a case of rape, kidnapping for marriage and human trafficking, holding that there was nothing to show that they would flee from justice if released from jail.
Additional Sessions Judge Pawan Kumar Jain gave the relief to the accused who were arrested by CBI in 2012 and 2013. "There is nothing on record which may suggest that accused would flee from justice if they be released on bail. Perusal of charge sheets reveal that CBI had mentioned the addresses of all the accused persons. This shows that accused persons have their permanent abode. "In the absence of any cogent material on record, it is difficult to believe that they would flee from justice if be released on bail," the court said.
The court granted bail to Mohd Imtiaz Ali, Monu Gupta, Nafeez, Debashis Ray, Arif Khan, Habiba Khan, Ashok Kumar, Tina, Mohd Ashafak, Sipra Das, Sayak Ali and Vikram Singh on furnishing of a personal bond of Rs 25,000 each and a surety of like amount. It imposed several conditions of the accused including that they will not try to contact the victim and her family members, shall not change their address without giving intimation to the investigating officer in advance.
It also directed the accused to surrender their passport, if any, within a week of their release and asked them not to leave Delhi without prior permission of the court. According to CBI, the girl victim was rescued during a raid on March 14, 2012 and was taken to hospital for her medical examination the next day. CBI said the victim was between the age of 13-15 years at the time of alleged incidents. However, as per the report of the ossification test conducted in March 2012, she was aged between 17 to 18 years.
She got married to one of the co-accused, became pregnant and got her pregnancy aborted voluntarily, it alleged. CBI had filed the charge sheet against 14 persons, of whom one is absconding. Out of the 13 arrested accused, four are women. The court has framed charges against the accused of rape, criminal conspiracy, kidnapping a woman with an intent to compel her for marriage, procuration of minor girl, selling minor for prostitution, criminal intimidation, causing hurt and wrongful confinement under IPC.
They are also facing trial under Immoral Trafficking (Prevention) Act. The victim has also been examined by the court. The accused had sought bail claiming that the girl was not forced into prostitution and she had consented to it. The prosecution has named 122 witnesses to be examined and the trial will take a lot of time in concluding, they argued. The bail pleas were opposed by CBI on the ground that the offence of human trafficking is quite serious in nature as it also violates the constitutional and human right of a person. Thus, the accused persons do not deserve any bail.
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