The Supreme Court has recently sought the reaction of the Rajasthan government on a plea moved by the uncle of a rape survivor, seeking cancellation of bail granted to Congress MLA, Johari Lal’s son in the rape case.
The bench of Justices S Ravindra Bhat & Dipankar Datta provide notice to the accused and the State, after hearing counsel for the petitioner.
On May 15, the matter will further take up next.
Therefore, the appellant moved the Court challenging April 6 order in the Jaipur bench of the Rajasthan High Court, granting bail to 2 accused in connection with the rape of a 15-year-old girl.
The minor also mentioned the accused in her statements conceding that she had been threatened against revealing the incident since they took photos & videos at the time and would make those viral.
However, the first information report (FIR) was lodged on March 25 last year for gang rape and offenses under the Protection of Children from Sexual Offences Act (POCSO Act).
However, the main accused, aged 46 at the time, was also apprehended in January this year.
The High Court granted him bail after noting the time likely to be taken to complete the trial.
Furthermore, it was pointed out that the accused had only been in custody for 3 months but the High Court went into the merits of the case to grant bail.
It was submitted that, “Accused Deepak is son of sitting MLA Shri Johari Lal and is highly influential. There are bright chances of the Accused tampering with the evidence and witnesses during the trial if they are enlarged on bail. There has already been tampering with evidence which is apparent from the record.”
The appeal highlighted the facts of the missing register entries & CCTV footage of the hotel where the incident took place, along with the name of the MLA’s son that is not being there in the final chargesheet despite being named in the complaint.
The petitioner submitted for an interim stay on the High Court order granting bail to the accused.