Court grants bail to actor Ashish Kapoor in rape case
New Delhi, Sep 14 (PTI): A Delhi court has granted bail to TV actor Ashish Kapoor in a rape case, saying he could not be kept incarcerated merely because the Delhi Police thought that he could commit a similar offence in future.
Additional Sessions Judge Bhupinder Singh was hearing the bail plea of Kapoor, against whom the Civil Lines police station had registered an FIR of penal provisions of rape, voluntarily causing hurt and common intention for an alleged incident dated August 9.
In an order dated September 10, the court said, "It is not the case (of the prosecution) that the accused or applicant is required for the purpose of investigation any more. The accused cannot be kept behind bars just for the reason that the police apprehends that he may commit a similar offence in future."
The court said the prosecution has underlined that the complainant could be threatened by the accused or he may flee from justice, but no action had been taken on the woman's complaint that she was approached on behalf of the accused, just 10 days after the alleged incident.
The court said two co-accused persons in the case have been granted bail earlier, and if the police were genuinely concerned that the complainant could be influenced, it would have challenged the relief.
"Further, the police did not even serve notice for appearance to the accused (Kapoor) for joining the investigation except on August 30, i.e., after three weeks of the incident.
"No efforts were made to make the accused join the investigation for a good 21 days, and all of a sudden, the police served the notice, with direction to join the investigation forthwith, and as per the Investigating Officer (IO), a police team was sent to Goa/Pune to arrest the accused simultaneously," the court said.
Kapoor was arrested within three days on September 2, and if the accused wanted to abscond, he would have done so immediately after the case was registered, it said.
"In fact, anticipatory bail application on his behalf was moved on September 2, only after the service of notice on August, with the direction to join the investigation immediately and not before that," the court said.
It said that Kapoor could not be expected to remain in his house at all times in the hope that the police may come any time.
The court said Kapoor had been quizzed in police custody for three days. But no sincere efforts were made to recover the mobile phone, neither were searches carried out, it added.
"Besides, there was nothing to suggest that the accused did not cooperate in the investigation," the court said.
"No previous involvement of the accused in any offence whatsoever has been brought to the notice of the court. The investigations, filing of police report, and further proceedings may take some time, and no purpose shall be served by keeping the accused behind bars," it said.
The woman's complaint that she was approached by people known to the accused can be taken care of by imposing appropriate conditions, it added.
"Thus, in view of the aforesaid observations and discussions, the facts and circumstances that have been brought to the notice of the court in view of the documents/ CCTV footages, in particular that the accused/applicant is not required for investigation any more, being permanent resident of Delhi and his clean antecedents, I find merits in the bail application and the same is accordingly allowed," judge Singh said.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
4 children test HIV positive in MP govt hospital; contaminated blood transfusion suspected
Satna/Bhopal (PTI): Four children suffering from thalassemia have tested HIV positive at Satna District Hospital in Madhya Pradesh allegedly due to contaminated blood transfusions, officials said on Tuesday.
The case is four months old and an investigation is underway into it, an official said.
Officials suspect the use of contaminated needles or blood transfusions for the spread of infection to the children.
ALSO READ: 3 Indian students among those injured in Australia’s Bondi Beach attack
MP Health Minister Rajendra Shukla told reporters in Bhopal that he has ordered a probe into the matter and sought a report.
“It is also being investigated whether the blood transfusion took place in other hospitals also or only in the government hospital,” he said.
The affected children, aged between 12 and 15 years, received blood transfusions from the hospital's blood bank, as per an official.
Devendra Patel, in-charge of the blood bank at Sardar Vallabhbhai Patel District Hospital in Satna, said four children have tested HIV positive and an investigation is underway to determine how they got infected.
"Either an infected needle was used or a blood transfusion occurred. These are the two main reasons I believe. Blood transfusion seems to be the most likely cause," he told PTI Videos.
All these children suffer from thalassemia, and some have received 80 or 100 blood transfusions, he said.
A family member of one of the affected children said that their child was found to be HIV positive during a routine checkup about four months back, and he has been receiving medication, but it had proven to be of no use.
After taking the medication for HIV, the child starts vomiting, feels low and becomes ill, he said.
After the four children were detected with HIV infection, their family members were also tested and the results came out negative, he added.
The Opposition Congress targeted the government over the matter and demanded the resignation of Health Minister Shukla.
Speaking to reporters in Bhopal, Congress MLA and former minister Sachin Yadav claimed such incidents were continuously occurring in Madhya Pradesh.
Earlier, a case of toxic cough syrup came to light in Chhindwara, followed by incidents of rat bites at hospitals in Indore and Satna, and now children have been given HIV-infected blood, he said.
"The health minister is unable to manage the department. He should resign. A murder case should be filed against those responsible for the Satna incident," Yadav said.
Senior Congress leader Sajjan Singh Verma termed it a failure of the government. Chief Minister Mohan Yadav's government has no connection with ground realities, he charged.
"Somewhere rats are roaming in hospitals, somewhere children are being given HIV-infected blood. Instead of preventing HIV, you are spreading it. Mohan Yadav should wake up from his slumber. Children are the nation's heritage and should be taken care of," he added.
