The Delhi High Court recently dismissed a plea seeking anticipatory bail by a man in a gangrape case wherein the victim died later on.

"Considering the allegations against the present applicant viz. gang rape and the name of the applicant appearing in FIR, MLC as also he has been identified by judicial TIP, I am not inclined to grant anticipatory bail to the petitioner.", the Bench of Justice Yogesh Khanna observed.

Earlier also, accused Rakesh had filed an anticipatory bail which was rejected by the Trial Court and a judicial TIP was conducted at Tihar Jail where the victim had identified him as one of the accused.

Additional Public Prosecutor Amit Sahni, representing the prosecution, opposed the anticipatory bail application saying mere death of the victim does not absolve the accused from the crime committed by him. He contended that the accused along with other persons was involved in heinous crime of gangrape and as such the concession of anticipatory bail cannot be given to him.

The prosecutor said the victim had specifically named the accused in the FIR and the brother of the prosecutrix had submitted before the trial court that though the victim was murdered later on by a juvenile, he had expressed apprehension that accused Rakesh was involved in the incident.

According to the prosecution, another accused Chandra Shekhar was known to the woman as he was earlier treated in a hospital where she was a nurse and had taken care of him.

In September 2020, he called the woman to his house on the pretext that his wife was unwell and when she went there, she was given a sedative-laced drink after which she felt unwell and was allegedly gangraped by five men, including Rakesh and Shekhar.

Later, the woman made a call to the police and an FIR was lodged against the accused at Nangloi police station.


Cause Title- Rakesh v. State (GNCT of Delhi) & ANR.

Click here to read/download the Order