Delhi HC cancels pre-arrest bail of advocate, says attempts to influence prosecutrix shocked judicial conscience

Justice Amit Mahajan, while setting aside the July 16 order of the Additional Sessions Judge, Saket Courts, said that although the trial court could not be faulted for granting bail initially, subsequent material placed on record revealed attempts by the accused to contact the complainant and influence her through intermediaries, including a judicial officer.

"The circumstances brought forth in the present proceedings are so overwhelming that they have shocked the conscience of this Court and reflect apparent interference with the administration of justice," the judge observed.

The court took serious note of audio recordings and transcripts indicating that a sum of Rs 30 lakh was allegedly offered to the complainant through a judicial officer in exchange for diluting her case.

"This Court cannot be a mute spectator to the evidence in the nature of audio recordings which indicate that a sum of Rs 30 lakhs was attempted to be paid to the prosecutrix," Justice Mahajan remarked, directing that an administrative enquiry be conducted into the conduct of the concerned judicial officers.

The order stated that while the trial court had applied its mind and relied on legal precedents while granting bail, the accused's conduct after receiving interim protection including attempts to contact the complainant through third parties and misuse of liberty justified cancellation of bail.

The court cited Supreme Court precedents emphasizing that bail is conditional upon good conduct and must be revoked if the accused tampers with evidence, threatens witnesses, or attempts to subvert the trial.

Considering the accused had been on bail for over three months, the High Court granted him one week to surrender before the trial court.

The court clarified that its observations were limited to deciding the bail matter and would not affect the ongoing trial or investigation. (ANI)