HC rejects bail plea of main accused in Ayodhya rape case

The Lucknow bench of the Allahabad high court on Thursday rejected the bail application of Moid Ahmad, the main accused in the Ayodhya rape case.

A single-judge bench of Justice Pankaj Bhatia rejected the bail application of Moid Ahmad with liberty to file a fresh bail application after expiry of four weeks and after the testimony of the informant and the survivor are recorded (in the trial court).

“The court has rejected the bail application on Moid Ahmad. During the hearing of the case, the court agreed that prima facie on account of the material produced (before the court) involvement of the accused cannot be ruled out,” said additional advocate general Vinod Shahi who represented the state government before the court.

“The court also pointed out that the accused was financially strong and socially well connected and could influence witnesses if released on bail,” Shahi added.

During hearing of the case, the court also came to know that the statement of the rape survivor has not been recorded by the special court in Ayodhya where the trial of the case is going on.

“From the material on record and the statement made, it transpires that in terms of the mandate of Section 35(1) of the POCSO Act, the statement of the victim should be recorded within a period of 30 days by the special court taking cognizance,” said the court.

“However, no such statement has been recorded so far, as such, I deem it appropriate to direct that the statement of the victim shall be recorded positively within a period of 30 days from today,” the court added.

“It is further directed that the statement of the informant shall also be recorded positively within a period of one month from today without giving any unnecessary adjournments to either of the parties, if possible, on day to day basis by the trial court,” ordered the court.

The court also directed the superintendent of police, Ayodhya, to personally supervise and ensure that the survivor and the informant are produced before the trial court for recording of their testimony, in a safe and secure manner.

The court also ordered director FSL to ensure that the forensic examination of the mobile submitted for the FSL report is prepared within a period of four weeks from today (Thursday).

“The applicant (Moid Ahmad) would be at liberty to apply for bail afresh after the expiry of four weeks and after the testimony of the informant and the victim, as directed above, are recorded,” the court added.