Chandigarh: Destroying Plea Bail Anoop Chanaut, one who was accused of sexual exploitation of a girl (now died) on the border of Tikri in Bahadurgarh, the Punjab High Court and Haryana have argued that the criminal trial is the discovery of truth in pursuit of truth and without free and fair investigations Comprehensive, it becomes a futile exercise.
In the order detailed released on Friday, HC also observed that he could not compromise with the quality of free and fair inquiry by enlarging the applicant at anticipatory assurance.
In the defense taken by the defendant that his arrest would violate Article 21 of the Constitution, HC has stated that it (ART 21) is not an absolute right and subject to the procedure set by law.
“The facts and circumstances involved in this case, point to the involvement of the Petitioner.
Thus the Custodian interrogation of the applicant is needed and will not achieve violations of the Petitioner’s Rights based on Article 21 of the Constitution,” observes Rajesh Bhardwaj justice while rejecting the Anticipatory Guarantee Applicant Wanted by Chanaut .
“…
accusations related to serious crimes.
Free and fair investigations are the backbone of every criminal trial.
Criminal trial is the discovery in pursuing the truth.
Without a thoroughly free and fair investigation, the trial becomes a futile exercise,” said Justice Bhardwaj In detailed 10 pages.
He also observed that the Petitioner’s adviser had properly argued that in this case there was also no victim statement or any medical behavior but the investigation carried out so far could not be ignored.
In the query entered by this court to the state advice to clarify this hose, the answer was that at that time there was no doubt about the game of violations with the victim.
“Because the victim was tested for Covid-19 positive, therefore, no post-Mortem was carried out.
However, the complete narrative of the incident to his father who was investigated by the police, from the details of the call and disclosure accused of being together, there was no doubt left in the mind The court that the accusation was serious and needed a comprehensive investigation, “state.
The HC survived was mainly, the court was required to consider factors such as gravity of violations, the probability accused of damaging the investigation and chances of escaping justice while providing anticipatory guarantees.
“Applying the stipulated ratio, for the facts and circumstances of this case, the applicant is inappropriate to get anticipatory assurance concessions as a prayer for custodian interrogation by prosecution seems to be justified,” HC is held.
In his defense for temporary guarantees, Chanaut had confirmed that it was a case of persecution but the investigation body slapped the accusation of serious rape against innocent people to require their political boss.
FIR in this case, which includes allegations of gang rape, registered on May 9 at the Bahadurgarh City Police Station in Jhajjar Haryana Regency for the complaint father of the deceased, residents of West Bengal.
The deceased was still with the defendant to participate in agitation farmers who were ongoing on the border of Tikri to the agricultural laws of the Center.