Calcutta HC Demands Police Explanation Why Person Accused Of Threatening Alleged Gang-Rape Victim Was Released

The Calcutta High Court has expressed its displeasure with the action of police authorities in “promptly releasing” a person accused of threatening the victim of an alleged gang rape in Vedic Village in Rajarghat to withdraw her case.

A division bench of Justice Ajay Kumar Gupta and Justice Joymalya Bagchi has ordered the Officer-in-Charge of the concerned Police Station to appear in person and explain why the aforementioned course of action was taken.

In her complaint, the victim claimed that four men gang raped her at a party in November 2022 after spiking her drink.

The victim identified Vishal Periwaj as the man who threatened her in court, and the trial court ordered the investigating officer to turn him over to Lake Police Station. He was charged with violating Sections 195A (threaten to give false evidence) and 506 (criminal intimidation) of the IPC and was remanded in custody on May 17.

To the surprise of the court, he was soon released on personal bond.

“We are conscious of the directions given by the Hon’ble Apex Court in Arnesh vs. State of Bihar and reiterated in Satender Kumar Antil v. CBI & Anr. with regard to release of undertrials in cases involving offences punishable with imprisonment upto 7 years. Moreover, one of the exceptions to grant of bail in such cases is threat or  intimidation to witnesses. Trial Judge had noted the apprehension expressed by a vulnerable witness with regard to threat held out by the said accused and had directed the investigating officer to take him into custody. It may be relevant to note threat, inducement to a witness is a valid ground for arrest and detention of an accused as per Section of 41(b)(ii)(d) of the Code of Criminal Procedure in cases involving offences upto 7 years. In such cases the police would not justified to resort to Section 41 -A of the Code of Criminal Procedure and/or release such an accused on personal bond particularly when the vulnerable witness is being examined,” the bench noted.

The bench issued the said person a suo motu notice to show cause why his bail should not be cancelled. The Court also ordered that the said person remain in police custody until further orders are issued and not contact the victim or her family members electronically or otherwise.