New Delhi: The Supreme Court today granted interim bail to the two members of Jan Jagaran Shakti Sangathan, who were sent to judicial custody for supporting a gangrape survivor during the court proceedings in Araria gangrape case.
The bench comprising Justices Arun Mishra, BR Gavai and Krishna Murari, has directed the petitioners to deposit a surety of Rs 10,000 for bail and has directed immediate release of the petitioners.
While issuing notice to Bihar Police, the bench observed: “It is a totally impermissible order by which they were sent to custody.”
The petition filed by Kalyani Badola and others has stated that they have approached the Supreme Court since the state’s judicial machinery has been seriously impacted by the COVID19 pandemic and the petitioners’ right to access judicial remedies as per the provisions of the Code of Criminal Procedure stands suspended infinitum.
The petitioners have submitted that they have been in custody since July 10. They were sent into custody while providing support to a gangrape victim/survivor, and explaining her traumatised situation to the learned judicial magistrate.
The gangrape survivor in her anguished state had expressed uncertainty and anxiety which was misunderstood by the magistrate and he expressed anger and took offence at the victim and the petitioners during proceedings under Section 164 Cr.P.C
– READ BACKGROUNDER HERE:
– Victim Gets bail