Nagpur: Justice Anil Kilor of Nagpur bench of Bombay high court on August 11 granted bail to Vijay Kumar Soni on the grounds that there was least possibility of the trial getting completed in the near future while the accused has been behind bars for more than one-and-a-half year.
Apart from the delay in trial, Soni’s defence counsel Sapna Jadhav raised a serious argument before the court disputing the authenticity of the identification parade procedure, claiming it was ‘fake’. The counsel argued that the documentation and records of the identification parade of the 11 accused were on the same date and time, which was, according to her, ‘inadmissible’.
Soni was made an accused in a case of rape, trafficking and kidnapping for marriage after a woman was rescued from Rajasthan by Pachpaoli police. The case was registered against 11 persons on January 5 and chargesheeted on March 5 last year. Soni was arrested on February 22 last year.
After the sessions court rejected his bail, the defence had to withdraw the first application from the high court, which had said that the plea should be pressed in case there was a delay in starting the trial.
Defence had contended that the charges had not even been framed by the trial court, which was refuted by additional public prosecutor HN Jaipurkar, stating the process was completed ‘recently’.
The defence counsel also argued that Soni’s name was referred to only as ‘Soni Sonar’ in the complaint by the survivor (prosecutrix) as the one who used to force himself upon her. Teh counsel underlined that there were several persons with surname Soni in the village and also goldsmiths of the name.
On the condition the applicant would remain present at the court during the trial and not delay or obstruct it, the court granted Soni bail against PR bond of Rs25,000 and solvent surety of the same amount.
Apart from the delay in trial, Soni’s defence counsel Sapna Jadhav raised a serious argument before the court disputing the authenticity of the identification parade procedure, claiming it was ‘fake’. The counsel argued that the documentation and records of the identification parade of the 11 accused were on the same date and time, which was, according to her, ‘inadmissible’.
Soni was made an accused in a case of rape, trafficking and kidnapping for marriage after a woman was rescued from Rajasthan by Pachpaoli police. The case was registered against 11 persons on January 5 and chargesheeted on March 5 last year. Soni was arrested on February 22 last year.
After the sessions court rejected his bail, the defence had to withdraw the first application from the high court, which had said that the plea should be pressed in case there was a delay in starting the trial.
Defence had contended that the charges had not even been framed by the trial court, which was refuted by additional public prosecutor HN Jaipurkar, stating the process was completed ‘recently’.
The defence counsel also argued that Soni’s name was referred to only as ‘Soni Sonar’ in the complaint by the survivor (prosecutrix) as the one who used to force himself upon her. Teh counsel underlined that there were several persons with surname Soni in the village and also goldsmiths of the name.
On the condition the applicant would remain present at the court during the trial and not delay or obstruct it, the court granted Soni bail against PR bond of Rs25,000 and solvent surety of the same amount.
