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Unnao rape case: Delhi HC grants anticipatory bail to victim, her mother in FIR lodged for forgery
New Delhi: The Delhi High Court has recently granted anticipatory bail to the victim of the Unnao gang-rape case and her mother in a forgery case. This case was transferred to Delhi on the order of the Supreme Court.
This case pertains to an alleged forgery of the date of birth. An FIR was registered under sections IPC 419/420/467/468/471 at Makhi police station, Uttar Pradesh, based on the complaint made by Haripal Singh. He is the husband of a woman accused who was acquitted in a gang rape case.
Earlier, the Delhi High Court had granted protection and directed not to take any coercive action against the victim.
The expelled BJP MLA, Kuldeep Singh Sengar, was convicted under the POCSO Act for the rape of a minor victim. He is serving a life sentence and his appeal is pending before the Delhi High Court.
Justice Sudhir Kumar Jain granted anticipatory bail to both the victim and her mother after recording the submissions by the Additional Public Prosecutor (APP) that the charge sheet has been filed and petitioners shall not be arrested until the court order for the same.
The Additional Public Prosecutor for the State stated that the charge sheet has already been filed after the conclusion of the investigation without the arrest of the petitioners and the petitioners shall not be arrested in the present case by the investigating agency unless and until it is directed by the trial court in Saket, New Delhi.
Given the submissions made by the APP, the High Court disposed of the petitions
"In case of arrest either by the trial court or by an investigating agency, the petitioners shall be released on bail on furnishing a personal bond for Rs 20,000 with one local surety of the like amount, " Justice Jain directed on November 17.
Advocates RHA Sikander and Jatin Bhatt appeared and argued for the accused persons.
Earlier, in December 2022, Justice Anup Jairam Bhambhani issued notice to the state and granted him six weeks to file a status report.
"In the meantime, subject to the petitioner appearing before the learned trial court as and when required, no precipitate action affecting the petitioner's liberty shall be taken by the trial court till the next date of hearing," Justice Bhambhani had said.
The petitioner moved a plea through advocates Mehmood Pracha and Jatin Bhatt, seeking anticipatory bail.
The trial in the matter has been transferred to the Court of the Sessions Judge, South-East District, District Courts Complex, Saket, New Delhi, by the Supreme Court through an order of September 2, 2022, passed in Transfer Petition.
It was submitted that the petitioner is the victim in the FIR registered on June 20, 2017 (Unnao gang rape case) at Police Station Makhi, UP.
This present FIR alleges that the petitioner and her mother forged the date on the petitioner's birth certificate in related proceedings so that they could allege offences under the POCSO Act.