NEW DELHI: The Delhi High Court has asked why a rape accused has been languishing in Tihar jail despite being granted bail. On Tuesday, a Bench headed by Justice G.S Sistani asked why the accused Vinay (name changed) is still in jail when he was granted bail by the trial court late last year.
Charged withMeanwhile, staying at Nirmal Chhaya, a children’s home for girls, a five-month pregnant minor is waiting for Vinay’s release. They had eloped and got married last year but were traced after the girl’s father filed a missing person’s complaint. Vinay was charged with kidnap and rape of the minor when they were eventually traced.
No one for surety
Delhi government's senior standing counsel Rahul Mehra has now informed the Bench that since Vinay does not have anyone to stand surety for him, he has not been able to come out on bail and has now offered to furnish a personal bond. Vinay's father had been contacted to stand surety for his bail but did not turn up.
“Is there no provision in the legal aid where they can arrange for a surety in such cases. Why to keep someone in jail after bail,” asked Justice Sistani.
Mr. Mehra said, lower judiciary should be sensitised about it, They should follow the observations made by the apex court to release the accused in minor offences. This will also address the issue of overcrowding of jails”.
Father’s complaint
Babli (name changed) had eloped with Vinay on July 4, 2016 from her house in Mundka.
Her father had lodged a missing person’s complaint and told the police that he suspects Vinay to have kidnapped her.
The police traced them both and recovered the girl from Jalandhar in Punjab on October 15, 2016. While on the run, they had got married and Babli was pregnant with Vinay's child.
Before the police could trace Babli, her father had already moved the Delhi High Court against police inaction in finding his daughter. On October 21 last year, when Babli was produced before the High Court, her father refused to accept her as she was pregnant. Babli was then sent to Nirmal Chhaya.
Bail after girl’s statement
Vinay was booked for kidnapping and rape but granted bail on Babli's statement that she had accompanied Vinay of her own free will. She told the High Court on Tuesday that she wants to go back to Vinay. The court has now asked the police to verify Vinay's address before releasing him on personal bond.
