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MBA Student Accused Of Rape Offers To Teach Poor Children To Show Bonafide Intention Towards Society, Gets Anticipatory Bail [Read Order]

A 26-year-old MBA student accused of raping a girl he had befriended on Facebook and causing her miscarriage, has been granted anticipatory bail by a Delhi court after he offered to do community service by teaching underprivileged children to “show his bonafide towards the society”.

Additional sessions judge Jitendra Kumar Mishra granted bail to the accused while directing him to do community service for six months by teaching poor children at a place identified by the Investigating Officer.

In the instant case, the accused and the complainant had become friends on Facebook in the year 2011.

The complainant says she established physical relationship with the accused after he promised to marry her. A year later, she became pregnant but the accused forcibly administered a medicine to abort the foetus.

Appearing for the accused, advocate Pradeep Rana denied all allegations as baseless and claimed that the complainant was well aware that they will never solemnise marriage and no promise of matrimony was ever made by him.

He also relied upon various precedents, including the observations made by the Bombay High Court wherein it was noted that initially a boy and a girl may genuinely want to marry and establish sexual relationship, however, after some time, they may find that they are not mentally or physically compatible and one decides to withdraw from the relationship.

On the stand taken by the accused that he had never administered any medicine to the girl to cause miscarriage, the court ordered the investigating officer to make an inquiry which showed that the complainant had met a doctor at a private hospital in north-west Delhi on November 8, 2017 for gastric trouble but never mentioned miscarriage. Since the prescription slip was with the complainant, it could not be commented upon as to which ailment she was suffering from.

During the hearing on bail application of the accused, advocate Pradeep Rana said his client was willing to do community service and teach children of economically weaker section “to show his bonafide towards the society”.

“Keeping in view the laws laid down by the Supreme Court as well as the observations made by the high court, this court is of the view that the applicant is not entitled for concession at this stage but the applicant himself has offered for community services to show his bonafide towards the society and to teach the children of economically weaker sections/ deprived people…

“Let his offer be accepted and he shall do community services by teaching the children of economically weaker section/ deprived people… Let the applicant be released on anticipatory bail in the event of his arrest on furnishing a personal bond in the sum of Rs 50,000…”

The court ordered that he shall offer himself to do community service from 9 AM to 1 PM for five days in a week for six months i.e., February, March, April, June, July and August.

In case the applicant absents himself from the service, he will compensate by extending the period of community service.

Read the Order Here

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