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The Saket court has observed that the severity of allegations cannot be the only consideration for granting or denying bail to an accused, adding that the totality of circumstances must be weighed. The court made the remarks while granting bail to businessman Samir Modi, who was arrested in an alleged rape case.
Additional Sessions Judge (ASJ) Vipin Kharb, granting bail, said the allegations could be tested only when the prosecutors step into the witness box during trial. "The case of prosecutors that consent of the complainant for a sexual relationship was obtained as the accused was in a position of control or was having dominance over the complainant or on a false promise of marriage, would be established once the prosecutors step into the witness box and lead evidence. However, no custodial interrogation is required for the said purpose, the court said. While granting bail, the court imposed certain conditions, including that the accused shall not leave India without the prior permission of the court, and he will attend trial on every date so that the trial is not delayed. The court also said that the accused will not tamper with the evidence of the case of the prosecution in any manner, shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, the prosecutors/complainant or any member of the complainant's family or tamper with the evidence of the case. After the judgment of the court, Advocate Simran Singh issued a statement on behalf of Samir Modi. The statement stated that, based on an FIR registered by the Delhi Police on September 10, 2025, Samir Modi was arrested on September 18, 2025, without a preliminary investigation into the allegations being conducted. It is also stated in the document that an LOC was illegally opened while Samir Modi was travelling to London on 14 September 2025 for a prescheduled appointment, with a return ticket for 18 September 2025. He was arrested at the airport on the morning of September 18, 2025, at 7 a.m. He was remanded to Police Custody and later sent to Judicial custody. "Today, Samir Modi has been granted bail by the Sessions Court after furnishing a bond of Rs. 5 Lakh," the statement reads. The allegations by the prosecutors are that since 2019, Samir Modi wrongfully coerced her against her will, lured her and sexually exploited her for almost 5 years up until August 2024, the statement reads. It is also mentioned in the statement that Samir Modi had already filed a complaint with the concerned ACP that he was being continuously blackmailed by the prosecutors. In the complaint, he detailed how the prosecutors demanded payments of 50 Crore Rupees, then 15 Crore Rupees, then a house, and then a car; and if these demands were not met, she would have him arrested in a case of rape. Our complaint was supported by various pieces of evidence, including WhatsApp messages, the statement said. It is further stated by advocate Simran Singh that the matter is now sub-judice, and we have full faith in the judiciary of our country. We will be taking every legal recourse at our disposal. Advocate Simran Singh requested everyone to respect the privacy of Samir Modi, his wife, and their two young daughters. The family is already in deep anguish after his unwarranted public humiliation, and any further intrusion will only add to their suffering. (ANI)
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