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Goa restaurateur, accused of allegedly molesting dyslexic minor girl, granted bail
The man has been asked to cooperate with the investigation, not influence or intimidate witnesses, to keep the police informed of his whereabouts, and make himself available as and when called for
The Bombay high court at Goa has granted bail to Varun Nayyar, a prominent restaurateur who was accused of allegedly raping a minor mentally challenged girl in a hotel room back in August.
Although the complaint was filed against unknown persons, Nayyar, 30, was arrested after eyewitnesses told the police that he was seen in the hotel along with the 13-year-old girl.
The girl’s mother filed a police complaint after her daughter narrated her ordeal, stating that an unknown person came in a car, picked her up from the road, took her to a hotel, and molested her in the room. When she raised an alarm, he let go of her and then dropped her back from where he had picked her.
Nayyar, through his lawyers, argued that it was a case of mistaken identity and pointed out that neither the victim nor the so-called star witnesses, who are said to have seen the her in his company, could identify him in the test identification parade.
The prosecution however, opposed his bail alleging that the case involves a minor girl, who suffers from dyslexia. Therefore, the applicant cannot take advantage of the fact that she could not recognise him.
However, the court decided in favour of the accused, pointing to the prima facie flimsy evidence against him.
“Three alleged eye witnesses, who are said to have seen the victim in the (accused’s) company have failed to identify [him] in the test identification parade. Even the victim’s testimony and the medical evidence--I stress,only prima facie--have not been conclusive for us to draw any inference that there has been any rape or molestation,” the high court bench of justice Dama Seshadri Naidu, said.
“When the victim girl resisted the applicant’s alleged attempt, he is said to have allowed her to get dressed and dropped her at the place from where he had picked her up. In this case, the investigation has been completed and a charge sheet filed. The perpetrator’s identity remains unascertainable. A pre-trial bail cannot be treated as exoneration of the applicant from the crime.In the meanwhile, it is inequitable to let the applicant suffer pre-trial incarceration only based on the gravity of the offence, without anything more on the record to link him with the crime,” the high court said.
Nayyar has been asked to cooperate with the investigation, not influence or intimidate witnesses, to keep the police informed of his whereabouts, and make himself available as and when called for.
Nayyar, who owns the popular Delhi Darbar chain of restaurants in Goa, has been incarcerated since his arrest in mid-August and his previous bail applications by the sessions court were rejected.
