Nagpur: Additional district and sessions judge VM Vaidya last week granted anticipatory bail to naik police constable Rizwan Sheikh in a rape case registered against him in November.
Defence counsel Mohd Naveed Opai had argued before the court that the complaint was filed on November 17 and the offence was registered after a two-day delay due to political interference and pressure.
While allowing the application, the court observed that contents of the case diary reflected that a dispute revolved around marriage promise which did not materialize. The court also underlined the fact that the case was filed as the promise was not fulfilled. The court also said apprehension of the applicant (Sheikh) regarding arrest was agreeable, but the purpose of the investigation would be served if some conditions are levied while allowing the application.
Sheikh, deployed as wireless operator with a senior officer, was recruited in the police department on compassionate grounds couple of years back in place of his father. He had a relation with the complainant since 2014 after meeting her through a common friend.
The court, while allowing the anticipatory bail plea, has directed Gittikhadan police to release the applicant Sheikh on anticipatory bail by executing two bonds of Rs25,000 each. The court has also asked Sheikh to remain present at the police station whenever summoned by the investigation officer. He has been also asked not to tamper with the evidence.
Advocate Opai, who represented Sheikh, said there was no recoveries from the applicant. “The complainant had also levelled allegations of criminal breach of trust, but it’s actually a dispute of selling an old car by the applicant’s elder brother, who deals in second-hand automobiles,” he said while making arguments against Sheikh’s custodial interrogation.
The prosecution had earlier sought Sheikh’s custodial interrogation citing chances of his tampering with the evidence and also medical examination, which is required in rape cases.