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Mumbai: The Bombay High Court has granted bail to a rape accused, who has been incarcerated for over five years, observing that each day’s incarceration in prison amounts to a change in circumstance thereby granting liberty to the accused to seek bail. The court also allowed the bail citing prolonged incarceration and delay in trial.
Justice Milind Jadhav, on April 7, granted bail to Abhishek Kumar Singh, who has been in jail since February 27, 2020, on charges including rape, extortion, cheating, and cyber offences.
Singh had earlier withdrawn his bail plea in 2020, and his subsequent application in 2021 was rejected. The Supreme Court too declined to intervene in 2023. He then moved the HC again after the trial court denied him bail last year.
Opposing the bail, Additional Public Prosecutor Megha Bajoria and Advocate Tanmay Bhave, representing the complainant, argued that no new circumstances had arisen. They referred to previous court orders and contended that the delay was due to the applicant’s conduct, including absence of his lawyer on two recent hearing dates.
However, Singh’s lawyers, Advocates Prashant Pandey and Dinesh Jadhwani, submitted the roznama (court record) showing that out of 70 hearings, Singh was not produced in court on 68 occasions, leading to repeated adjournments.
Noting that charges have not been framed even after more than five years, Justice Jadhav observed, “Every day’s incarceration in prison in my opinion amounts to a change in circumstance.”
The court also highlighted overcrowding in Arthur Road Jail, stating, “Every barrack sanctioned to house 50 inmates as on date houses anywhere between 220 – 250 inmates.”
“Incarceration for 5 years, 1 month and 11 days… violates his fundamental right to speedy trial flowing from Article 21 of the Constitution,” the judge ruled, granting bail solely on the ground of prolonged detention.
Singh was granted bail on furnishing a PR bond of Rs 25,000 with one or two sureties, and was allowed to furnish a provisional cash bail for immediate release.
