High Court grants bail to man accused of raping a US national after the prosecutrix refuses to pursue the case

Recently, the Delhi High Court allowed a regular bail application of a co-accused man in a rape case filed by a US national.

A Single Judge Bench of Hon’ble Justice Anu Malhotra allowed the bail application after the prosecution informed her that the prosecutrix did not want to pursue it any further.

The Bench observed that learned counsel for the prosecutrix had sought discharge in the case as the Attorney of the US Department of Justice informed her that the prosecutrix doesn’t want to pursue the matter any more.

The US Department of Justice and Consulate General of India also communicated that the prosecutrix refused to provide testimony and has asked not to be contacted about this case by Indian authorities.

Background

The FIR of the case reads that Amit Balguhar (Applicant) and Shamim allegedly raped the prosecutrix on 02.09.2017, and they were booked u/s 376D and 506 of IPC.

Shamim has already secured interim bail while the applicant( Amit Balguhar) had sought bail on the ground that his child has contracted TB. The State checked the medical documents submitted by Balguhar and has stated that they are correct.

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Order of the Court

After going through the evidence on record, the Court granted bail to Balguhar after he finishes a bond of Rs 1 lakh along with two sureties. 

Case Details:

Bail Application No. 2337 of 2018 (Amit Balguhar vs State)

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