Rebutting the arguments of Farooqui on bail application moved by his counsel, who said he was a "law abiding citizen", the police told the court that in a case like this, societal concern needs to be given primacy over individual liberty and here "we are dealing with pervert behavior of an individual".
The court, after hearing the arguments, reserved its order on framing charges and bail of Farooqui, who is in judicial custody since June 20 for allegedly raping the 35-year-old woman in an inebriated state after inviting her for dinner at his house.
The court also directed the forensic department to examine the woman's phone on priority after the Investigating Officer (IO) informed it that the complainant is in Delhi till October 5, after which her visa will expire.
An application was moved by Farooqui seeking inspection of her phone which allegedly had text messages relating to case.
"It is submitted by the IO that the mobile phone has been sent to FSL to retrieve data and victim's visa is valid up to October 5. Director of FSL is directed to take this case on priority and submit report by September 15," the court said.
She said that complainant had nothing to fear if Farooqui is released from jail, adding when he was granted interim bail for four days in July, he did not abuse that liberty.
Prosecutor A T Ansari, while urging the court to keep the accused in jail, cited the NCRB data saying out of 486 cases of sexual assault of foreign nationals in the country, one third belong to Delhi.
"I strongly oppose his bail. I request the court to not dissect the evidence at this stage. It is a heinous crime and we are dealing with a person's pervert behaviour," he said.
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