Supreme Court advocate Aparna Bhat and eight other women legal counsellors have challenged the July 30 bail condition forced by Madhya Pradesh High Court where a man accused of sexual assault was approached to get a Rakhi tied on him by the victim.
The advocate has stated that they have not challenged the award of bail however just the condition set of tying rakhi to the incriminated.
The plea documented by Advocate on Record, Pukhrambam Ramesh Kumar, has looked for a stay on the condition for bail imposed on July 30.
The plea affirms that since the judgment is given by the High Court, it would belittle such a heinous offense and that “there is a solid probability that such observations and headings may result in normalizing what is basically crime and has been perceived to be so by the law.”
“The High Court should have been perceptive and delicate to the situation including a sexual offense, it is tremendously hard for the survivor to lodge an FIR and seek after a criminal case against the accused.” the petitioners added.
While Rakshabandhan is a festive celebration of protection between brother and sister, the applicants contend that the said bail condition sums “to a gross effort to downplay the trauma endured by the Complainant in the current case.”
One of the substantial questions of law brought up in the plea is, “Whether in a case looking for bail, it is proper for a court to force extraneous conditions which permit contact between the accused and the complainant?”
The appeal will be heard on October 16 by the Supreme Court.