NEW DELHI: The Delhi High Court has granted bail to a doctor of Safdarjung Hospital, accused of raping a woman on the promise of marriage, on the ground that it was “not a case of forceful sexual assault” and he would not be in a position to terrorise the victim or tamper with evidence.
Justice Subramonium Prasad said there is nothing on record to indicate that the man had promised marriage and whether the woman’s physical relationship was based on her free consent or not will be decided only in trial.
‘The prosecutrix is a make-up artist and is a resident of Delhi. It cannot be said that she is a naive lady. This is not a case of forceful sexual assault..,’ the high court said in its March 22 order. It added that the accused is a doctor working in Safdarjung Hospital and it cannot be said that he would be in a position to terrorise the woman or tamper with evidence.
The court noted that the evidence has been collected and the mobile phone of the man was with the police.
‘In view the above, this court finds it just and expedient to grant bail to the petitioner (doctor) in the event of arrest in...registered at Police Station Hauz Khas for offences punishable under Section 376 (punishment for rape) and 328 (Causing hurt by means of poison with and intent to commit an offence) IPC’,’ the high court said. The court granted bail to the doctor on furnishing of a personal bond of Rs 50,000 with a surety by his relative of the like amount. It directed him to give all his mobile numbers and address to the investigating officer.