Madhya Pradesh HC refuses bail to rape-accused constable; orders switch of senior officers

By PTI

JABALPUR: Dismissing the bail utility of a police constable accused of raping and impregnating a girl, the Madhya Pradesh High Court has directed the state authorities to switch him in addition to Jabalpur’s Additional Director General of Police (ADG) and Chhindwara’s Superintendent of Police (SP) to distant areas within the state in order that the constable doesn’t affect the witnesses within the case.

In the order handed on April 21, the only bench of Justice Vivek Agrawal stated the forensic proof within the case has been tampered with.

Constable Ajay Sahu was arrested within the case on November 13, 2021 based mostly on the grievance filed by the lady, who alleged that he raped her, after which she underwent abortion.

Sahu had submitted a bail utility within the courtroom.

“As far as deserves of the current attraction are involved, it’s evident that forensic proof has already been tampered with and now the case depends on the ocular proof.

Therefore for the current when the appellant (Sahu) seems to be wielding ample affect on varied authorities who’re imagined to be unbiased, chance of tampering with the proof can’t be dominated out.

“Thus, unless important prosecution witnesses are examined it cannot be said that the appellant is entitled to be enlarged on bail,” the excessive courtroom stated in its order.

The courtroom stated it could have handed over this case to the Central Bureau of Investigation (CBI) in view of the conduct of the police personnel, together with the constable, Superintendent of Police – Chhindwara and Additional Director General of Police – Jabalpur.

“But at this distance of time when Civil Surgeon of District Hospital, Chhindwara and concerned police personnel have already played their role, it is not possible to retry the sample. Therefore, any indulgence of the CBI prima facie does not appear to be of immediate help in protecting the rights of the victim,” it stated.

“Therefore, instead of handing over the investigation to the CBI, it is directed that concerned officials be transferred, specially the appellant, to a far-flung place in Madhya Pradesh so that he is not able to influence the witnesses as now case is to be decided on its own merits in view of the available ocular evidence,” it learn.