Rajesh Aggarwal v. State

Order dasti.

(MUKTA GUPTA) JUDGE SEPTEMBER 13, 2018 'rk'

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 6th September, 2018 Decided on: 13th September, 2018 + BAIL APPLN. 794/2018 RAJESH AGGARWAL ..... Petitioner Represented by: Mr. Sudhir Nandrajog, Senior Advocate with Mr. C. Mohan Rao, Ms. Swati Aggarwal and Mr. Lokesh Kumar Sharma, Advocates. versus STATE ..... Respondent Represented by: Ms. Meenakshi Chauhan, APP with SI Rachna, PS S. Mandi. Mr. Abhay Kumar, Mr. Vineet Kumar Singh, Mr. Himanshu Pal Singh and Mr. Saurabh Mishra, Advocates. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA 1. By this petition the petitioner seeks bail in case FIR No.120/2017 for offences punishable under Sections 376/354/354-A/354B/506 IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 registered at P.S. Subzi Mandi. 2. Learned Senior Counsel for the petitioner submits that the petitioner is a father of the two alleged victim girls who have given their statements being under absolute and total control of Baba Mahant Sunder Dass, a self styled Godman. Learned Senior Counsel for the petitioner states that the petitioner and his family including the first wife from whom the two victim girls were born, his mother and even the second wife were all followers of the Baba, however, after the petitioner started taking action against the Baba and the FIR was got registered by the second wife of the petitioner against the said Baba and his persons, as a counter-blast the above noted FIR was registered on 20th May, 2017 for purported allegations leveled up to the year 2013. Admittedly, even as per the case of the complainant and various complaints filed by them to the different authorities against the petitioner, the two victim girls along with their grandmother had vacated the house on 20th April, 2016 and thus the petitioner and the victims were residing together only till then. However, the FIR was got registered on 20th May, 2017. Learned Senior Counsel for the petitioner has taken this Court through the various documents which will be referred to in the later part of the order. 3. In the above noted FIR the two victims stated that their mother died on 16th January, 2009 when the elder one was 15 years old. Thereafter, their father insisted and pressurized the elder one to sleep with him as he felt lonely and while sleeping with her, he would touch her various body parts and intentionally used to touch his male organ and rub against her back while sleeping. Despite their grandmother warning him not to sleep with young daughter, their father emotionally blackmailed her and she had to comply with his demands. He compelled both of them to kiss him and touch various parts of his body. It is alleged that in the month of July, 2009 their grandmother went to Jodhpur to participate in a Satsang for two months. In August, 2009, the younger victim had vaginal infection due to humid weather and required to see a gynaecologist when their father forced them to let him see and examine her vagina. He even inserted his middle finger inside the younger one's vagina who cried in pain. It is alleged that on 18th January, 2010, at night when the elder one was sleeping with her sister and grandmother, her father came into the room, woke her up and took her to his room. He took off her clothes and asked her to sleep with him as he was in tension due to memory of their mother. She took it lightly and slept on the bed as per his demand. He continued watching porn videos on the laptop and after two hours he tightly held her and started kissing her. He removed his undergarments and physically assaulted her. The allegations of the complainant on few more dates with regard to physical assault including insertion in the vagina have also been noted in the FIR in question. It is further alleged that on 16th May, 2012, their father appeared in the house along with one lady namely Neetu and stated that he had solemnized second marriage with her. They all accepted the decision due to their livelihood however,