A Delhi court has granted bail to TV actor Ashish Kapoor in a rape case, saying he could not be kept incarcerated merely because the Delhi Police thought that he could commit a similar offence in future.
Additional Sessions Judge Bhupinder Singh was hearing the bail plea of Kapoor, against whom the Civil Lines police station had registered an FIR of penal provisions of rape, voluntarily causing hurt and common intention for an alleged incident dated
August 9. In an order dated September 10, the court said, “It is not the case (of the
prosecution) that the accused or applicant is required for the purpose of investigation any more. The accused cannot be kept behind bars just for the reason that the police apprehends that he may commit a similar offence in future.”
The court said the prosecution has underlined that the complainant could be threatened by the accused or he may flee from justice, but no action had been taken on the woman’s complaint that she was approached on behalf of the accused, just 10 days after the alleged incident. The court said two co-accused persons in the case have been granted bail earlier, and if the police were genuinely concerned that the complainant could be influenced, it would have challenged the relief.
“Further, the police did not even serve notice for appearance to the accused (Kapoor) for joining the investigation except on August 30, i.e after three weeks of the incident. “No efforts were made to make the accused join the investigation for a good 21 days, and all of a sudden, the police served the notice, with direction to join the investigation forthwith, and as per the Investigating Officer (IO), a police team was sent to Goa/Pune to arrest the accused simultaneously,” the court said.