* 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
BAIL APPLN. 794/2018 Page 1 of 8
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 18 th
BAIL APPLN. 794/2018 Page 2 of 8
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, immediately after the marriage, the stepmother started to malign
their reputation. Further, even her male friends used to visit their house
when their father was at the restaurant on work. When they complained to
their father instead of listening to them he fumed on them and asked them
not to interfere in his personal life. They came to know that their stepmother
had an evil eye on their money and expected all new things for herself after
her marriage which was not possible for her grandmother to afford due to
which arguments took place. In the month of September, 2012 the
stepmother assaulted the younger one with a leather belt and when they
complained to their father, he also slapped her. It is alleged that the male
friends of their stepmother inappropriately touched the younger one and
when she screamed, her stepmother stated that since their mother had
expired, no one would save them. It is finally alleged that the male friend
of her stepmother tried to sexually assault her by trying to touch his male
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organ with her private part and when the elder one complained to her
stepmother, she became more violent. They stated that they did not lodge
the complaint as they feared for their life. However, now they want to take
legal action against their father and the stepmother. On the said complaint,
copies whereof were sent to all concerned, above noted FIR was registered
on the same day i.e. 20th May, 2017.
4. Petitioner has placed on record certain documents to show that after
having come to know the illegal activities of the Baba, the petitioner got
published a pamphlet disclosing some facts which resulted in the lash back
through the close relatives of the petitioner i.e. his mother and daughters.
The petitioner was physically attacked on 23 rd February, 2015 in which
regard he filed a complaint at PS Subzi Mandi on the same day. Petitioner
in the petition states that though he was initially in the business of shoes
with his father but thereafter he started restaurant business. However, he
had no house of his own as he was spending lot of money on the instructions
of his mother for construction of various properties for Baba and also gave
him a diamond necklace worth ₹70 lakh. Due to the ill activities of Baba, a
Sevika of Baba got pregnant and then died under suspicious circumstances.
On registration of the FIR, Baba absconded and was given shelter by his
mother. Real sister of the petitioner was offered as Sevika to the Baba and
she became a Sadhvi which ceremony was performed with great pomp and
show. Petitioner had performed the first marriage to Ritu, who was a blind
devotee of the Baba and the two daughters were born from the wedlock on
3rd January, 1994 and 11th August, 1999. Ritu died on 16th January, 2009
after being diagnosed of motor-neuron disease whereafter the petitioner
married Neetu Aggarwal, who was also a devotee of Baba and a divorcee.
BAIL APPLN. 794/2018 Page 4 of 8
5. The petition further notes that in the year 2014 when financial and
sexual exploitation of the followers by the Baba came to his notice, the
petitioner got published the pamphlets as above whereafter he was attacked.
However, since attacks were mainly by the relatives and his own mother and
two daughters, the petitioner joined mediation proceedings through the
Delhi Government Mediation and Conciliation Centre. However, no
settlement could be arrived at and thus differences aggravated. During the
mediation proceedings, the mother of the petitioner stated that she wanted to
dispossess the petitioner and his wife and to live with her granddaughters.
Thereafter, the petitioner filed a complaint against the financial illegalities
5th
committed by the Baba before the Central Board of Direct Taxes on
November, 2015 and as an onslaught to the same, the mother and the
daughters of the petitioner filed a complaint under Section 125 Cr.P.C.
against the petitioner. On 16th April, 2016 mother and daughters of the
petitioner vacated the house. On 17th April, 2016 goons of Baba along with
the petitioner’s relatives entered his house and disconnected the electricity,
however, no action was taken on the petitioner’s complaint. Thereafter,
further attacks took place on the petitioner from the followers of the Baba
which included his family members and on 20th April, 2016, mother of the
petitioner addressed a letter to the Baba/Anant Shree Sukhramji Trust stating
that she along with her granddaughters and the belonging was vacating the
premises and handing over the possession however, her son and his wife
were in possession of one room which they were not vacating. In all these
actions, his mother and two daughters supported the Baba and gave
statements against the petitioner. Thereafter, the elder daughter of the
8th
petitioner made a complaint to the Sales Tax Department on November,
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2016 against the petitioner alleging that he was earning crores of rupees and
filing false returns etc. On 16th April, 2017, followers of Baba attacked the
petitioner in front of his house and when his wife came to the rescue, she
was molested. A complaint was also got lodged by one of the followers of
Baba against the petitioner being FIR No.73/2017. Due to the activities of
the followers of Baba on the complaint of the wife of the petitioner, FIR
No.76/2017 was registered on 17th April, 2017. After repeated warnings and
molestation at the hands of the Baba and his followers, wife of the petitioner
filed a complaint dated 8th May, 2017 against the Baba and his followers for
molestation on the basis of which FIR No.256/2017 under Sections
2nd
354/354A/506 IPC was registered only on October, 2017 at PS Subzi
Mandi. As a counter blast to the complaint of the petitioner’s wife against
8th
the Baba made on May, 2017, the daughters of the petitioner filed the
above noted complaint on 20th May, 2017 leveling allegations of molestation
and rape against the petitioner on the basis of which the FIR in question was
registered.
6. The petitioner has supported this petition by various complaints filed
by the petitioner as well as the daughter of the petitioner to the
Commissioner, Delhi Sales Tax Department way back on 18th November,
2016. The complaints clearly show that the relations between the parties
were not cordial. Further when the daughters had separated from the father
in April, 2016 and the elder daughter could write a detailed letter to the
Commissioner, Sales Tax on 18th November, 2016 about the alleged
financial irregularities in the petitioner’s business and non-payment of tax,
there was apparently no fear in complainants deterring them to lodge the
complaint on the allegations in FIR which were till the year 2013. Be that as
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it may, when this petition came up before this Court on 12th April, 2018 for
grant of bail, this Court issued notice returnable on 24th July, 2018 and when
it was informed to the Court that the dates for examination of the two
prosecutrix was fixed for 26th July, 2018. Thus, this Court vide order dated
24th July, 2018 directed the learned Trial Court to make its best endeavour to
examine the two prosecutrix on 26th July, 2018 and in case the matter is
adjourned, a shorter date be given. The bail application was notified for 6th
September, 2018.
7. Learned Senior Counsel for the petitioner and learned APP for the
State have handed over proceedings of the learned Trial Court dated 26 th
July, 2018 wherein the examination-in-chief of the elder daughter was partly
recorded, however, thereafter she stated that she was unwell as she was on
the family way and wanted an adjournment. Even the younger daughter
sought for an adjournment as she was not feeling well. Hence, she was
discharged un-examined. Matter was listed for examination of the two
prosecutrix on 28th August, 2018 at 12:00 P.M. Though in the order sheet
dated 28th August, 2018, presence of both the victims was recorded,
however, the order sheet noted the contention of learned counsel for the
complainant/victim who stated that the prosecutrix were unable to appear
before the Court as the elder one had to go to the hospital and the younger
one was to accompany her. The matter was again listed on 31st August,
2018 for examination of the victims when they were present however the
Vulnerable Witnesses Room was occupied. Learned counsel for the
petitioner admitted number of documents such as birth certificate, admission
form etc. so as to relieve the prosecution from examining extra witnesses
resulting in the prosecution giving up four witnesses. However, the two
BAIL APPLN. 794/2018 Page 7 of 8
victims requested that the date for recording of their evidence be postponed
towards the end of January, 2019 as the elder one was on the family way,
thus not in a position to move much and the younger one was not in a
position to leave the elder sister. It is thus evident that the statements of the
two prosecutrix cannot be recorded in the near future.
8. Petitioner has been in custody since 8th September, 2017. The two
prosecutrix are not residing with the petitioner. Consequently, this Court
deems it fit to grant bail to the petitioner on his furnishing personal bond in
the sum of ₹50,000/- with one surety of the like amount to the satisfaction of
the learned Trial Court, further subject to the condition that the petitioner
will not leave the country without the prior permission of the Court
concerned and in case of change of residential address, the same shall be
intimated to the Court concerned by way of affidavit. The petitioner will
also not try to meet or influence the two victims in any manner.
9. Petition is disposed of.
10. It is clarified that any observation made hereinabove is not an
expression of final opinion on the merits of the case.
11. Order dasti.
(MUKTA GUPTA)
JUDGE
SEPTEMBER 13, 2018
‘rk’
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