Delhi HC dismisses plea of Chandigarh rape accused seeking interim bail Delhi HC dismisses plea seeking interim bail for rape accused in view of COVID-19

The Delhi High Court on Friday dismissed the plea of a rape accused seeking interim bail on the ground that he has to take care of his widowed mother, who lives alone, in view of the present COVID-19 situation in the country. Justice Rajnish Bhatnagar, who conducted the hearing through video conferencing, denied the relief to the man, saying he failed to qualify on the criteria laid down by the high-powered committee for releasing a prisoner on bail.

Those who are facing trial for offences of rape, gang rape, acid attack, possessing narcotics, corruption and terror activities should not be released while de-congesting jails to contain the spread of COVID-19, according to the committee. The high court, in its order, said, "In view of the petitioner failing to qualify on the three criteria laid down by the high-powered committee, the petitioner is not entitled to grant of interim relief as he is facing trial under section 375 (rape) of the IPC (Indian Penal Code). The application is, therefore, dismissed."

The accused sought interim bail for three months on the ground of the present pandemic condition in the country and he has to look after his widowed mother, who lives alone in Chandigarh. The petitioner also submitted that he was lodged in jail for the last five years. He said that in the present COVID-19 situation, he was entitled to be released on interim bail, in view of the observations of the Supreme Court. The prosecutor opposed the bail plea, saying the allegations against him are grave and serious in nature.