New Delhi [India], March 20 : Delhi's Rohini court has granted a man protection from coercive action by police in a rape case, noting that the FIR was lodged five years after the alleged crime, while directing the accused to join the investigation.
This case pertains to an FIR lodged at Keshav Puram Police Station.
Additional Sessions Judge (ASJ) Kapil Kumar granted the accused, Sanjay Jain, protection from any coercive action by police till the next date of hearing on March 28.
The court said, "Considering the attending circumstances of this case, specifically the fact that FIR got registered after around five years of the first incident of sexual assault, the applicant deserves the opportunity to join investigation."
"Accordingly, let no coercive steps be taken against the accused/applicant till the next date of hearing (NDOH)," ASJ Kapil Kumar ordered on March 17.
The court directed the accused to join the investigation as and when directed by the Investigation Officer (IO) and to cooperate in all possible manner.
Investigation Officer has been granted liberty to file an additional reply mentioning the development in the investigation and the grounds for custodial interrogation of the accused that would be required, if any, on the next date of hearing, the court said.
While seeking anticipatory bail for the accused, it was submitted that there is a financial dispute behind this case.
Advocates Pravesh Dabas and Nitesh Khapra, counsel for the accused, submitted that it is a money dispute for which the present FIR has been lodged.
The counsel for the accused took the court to the ledger at pages 20 to 22 of paper book in the name of firm of complainant showing the balance of more than Rs 40 lakh.
It was submitted that the applicant wishes to join the investigation.
On the other hand, Additional Public Prosecutor (APP) for the state opposed the bail application by submitting that the allegations are serious in nature.
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