Court denies bail to 51 yrs old HIV positive inmate who cited contamination to Corona as ground

A special lockdown court refused to grant bail to a 51-year-old HIV positive inmate from Arthur Road jail, arrested for raping a woman in his neighbourhood last year. The accused had cited vulnerability to coronavirus and its recent spread in the jail to seek bail.

The Court said that the accused can avail medical treatment in the jail.

“Even if it is accepted that some of the prisoners are Covid­19 affected, still during this situation of lockdown it will not be proper to allow the application,” the court said.

So far, 158 inmates have tested positive for coronavirus at Arthur Road jail.

The court also pointed out that the survivor is a tenant of the brother of the accused and lived in the same vicinity as him. “There is every possibility of pressurizing the witnesses in case of release on bail,” the court said.

While seeking bail, the accused told the court that he was not being provided medical treatment. Opposing his plea for bail, public prosecutor SS Panjawni submitted that the survivor was under pressure after the incident. He also said that medical treatment was available in jail.

“The accused may not turn up for the trial if released and may pressurize the witnesses,” the prosecution submitted.

The incident took place in the wee hours of November 22, 2019. The accused is alleged to have barged into the house, assaulted and raped the survivor.

The court said that the medical report supports the prosecution story and prima facie shows the involvement of the accused in the crime.

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