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"People Either Ignore Mental Illness Or Go For Religious Remedies": HP High Court Grants Bail To Mentally Ill Rape Accused

Sparsh Upadhyay
5 Aug 2021 11:53 AM GMT
People Either Ignore Mental Illness Or Go For Religious Remedies: HP High Court Grants Bail To Mentally Ill Rape Accused
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The Himachal Pradesh High Court recently granted bail to a Rape accused who is suffering from serious mental illness noting that he can't be left in this stage in the prison. The Bench of Justice Anoop Chitkara was hearing the plea of a man facing incarceration upon his arrest for alluring and raping a minor girl. Importantly, the Court also observed thus: "…there is a...

The Himachal Pradesh High Court recently granted bail to a Rape accused who is suffering from serious mental illness noting that he can't be left in this stage in the prison.

The Bench of Justice Anoop Chitkara was hearing the plea of a man facing incarceration upon his arrest for alluring and raping a minor girl.

Importantly, the Court also observed thus:

"…there is a tendency amongst the people and the society not to treat the mental problems as illness and, thus, either ignore it or go for religious remedies."

Facts in brief

As per the prosecution's case, the victim had left her home because of the petitioner. A month before that, when she had gone to her sister's house, when the bail applicant had met her.

Allegedly, when she had gone out of the room for washroom during the night, the petitioner, intercepted and forced himself upon her and he promised to marry her and warned her not to reveal the incident to anyone, and if she did so, then the video he has made of the act would make it public.

Thereafter, the petitioner told her that he, along with his parents, would visit her home, however, he did not visit her and she kept on waiting till 28th January, and on that day she left her home.

Thereafter, a lady allured her pushed her into flesh trade and she was raped by two other persons.

Submission of the bail applicant

The Petitioner submitted that he is having some mental health issues and even during custody has been taken to the Hospital at Nahan for check-up.

It was submitted that the Petitioner is young and not even remotely involved in the heinous crime as alleged will be made to suffer if he is behind bars for a crime which is yet to be proved against him.

Court's observations

The Court perused the status report, in which, the State did not deny the mental illness, rather, it specifically stated that the petitioner was undergoing treatment from PGI Chandigarh from the Department of Psychiatric.

The State also files the medical status and other records of the accused.

In these circumstances, the Court observed thus:

"The fact that the accused is being given treatment in PGI Chandigarh, which is renowned institution, itself, shows the seriousness of his illness… The petitioner, who is suffering from serious mental illness, cannot be left in this stage in the prison. More so, when his family has undertaken to give treatment on this own. On this ground, the petitioner is entitled for bail."

Therefore, the petitioner was directed to be released on bail subject to his furnishing a personal bond of Rs. Ten thousand and shall furnish two sureties of Rs. Twenty-five thousand each, to the satisfaction of the Judicial Magistrate having the jurisdiction over the Police Station conducting the investigation, and in case of non-availability, any Ilaqa Magistrate.

Case title - Ajay Kumar v. State of H.P.

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