In Bail Appln. 2365/2023 -DEL HC- Delhi High Court denies bail to TTE accused of raping woman passenger, says accused failed to explain actions
Justice Swarana Kanta Sharma [06-12-2023]

Read Order: Ziyaul Islam Siddiqui V. The State & Anr

LE Correspondent

New Delhi, December 19, 2023: The Delhi High Court has denied bail to a Travelling Ticket Examiner (TTE) accused of raping a woman who was traveling on a train without a confirmed ticket.

Briefly stated, the victim reported that while traveling from Allahabad to Delhi without a confirmed ticket, she was approached by a TTE, who offered her a seat in exchange for Rs. 500. The TTE, identified as Kalu Singh, allegedly promised her a permanent job in the railway and took her mobile number. Following continuous communication regarding the job, the accused met the victim on several occasions and eventually took her to a hotel in Pahar Ganj under the pretext of arranging her employment. Subsequently, the victim alleged that the accused forcibly engaged in physical relations with her after giving her a cold drink, making her body numb and unable to resist. The victim further claimed that the accused threatened to post nude photographs of her on social media if she did not comply with his demands. The FIR was registered under Sections 376/328 of the IPC.

The single-judge bench of Justice Swarana Kanta Sharma noted the contention put forth by the counsel for the accused, asserting that the accused had been falsely implicated in the case. However, the bench pointed out that this contention was not supported by any other explanation as to why the victim would falsely implicate the accused in a case of rape, particularly since the victim did not know the accused and was a passenger in a train where the accused was on official duty as a TTE.

The bench also highlighted that there was no satisfactory explanation as to why the accused had obtained the phone number of the victim, maintained constant communication with her, met her in a hotel, and visited her house. Additionally, it was noted that the hotel had documented the entry regarding the room where the sexual assault was allegedly committed under the pretext of marriage and employment. The bench emphasized that the accused had failed to provide a reasonable explanation for his actions, and it was not argued that there was any consensual relationship between the parties.

Based on these observations, the bench concluded that the arguments presented before the court lacked substance and failed to justify the accused's actions, particularly his communication with the victim, visiting her house, and taking her to a hotel, given the lack of any established consensual relationship between them.

The Court also noted that the further investigation into the inappropriate photographs of the victim taken on a phone was pending, a supplementary chargesheet was to be filed, charges were yet to be framed, and the victim was yet to be examined.

Based on these circumstances, the Court concluded that there was no case for the grant of bail at this stage. Consequently, the present bail application was dismissed.