In a recent development in the case of the alleged sexual assault of a minor girl by a suspended Delhi government officer, Premoday Khakha, the Supreme Court has granted anticipatory bail to the daughter and son of the accused official. The bench of Justices CT Ravikumar and Rajesh Bindal acknowledged that the petitioners have cooperated with the investigation, leading to the decision to grant relief.
The court's decision, made on Monday, stated, "After going through the statement and hearing learned counsel on both sides, and after perusing the material on record, we are of the view that these Special Leave Petitions can be disposed of, directing the release of the petitioners on bail in the event of their arrest on furnishing a bond of Rs 25,000, subject to the satisfaction of the Investigating Officer and further subject to the conditions stipulated under section 438(2), CrPC."
Advocates Shubhashis R Soren and Bhakti Singh represented the petitioners in this case.
This development comes after the Delhi High Court's refusal on October 11 last year to grant anticipatory bail to the accused official's daughter and son. The high court emphasized the need for a comprehensive interrogation of the siblings, stating that they were "untraceable" at that time. The court expressed concerns that granting pre-arrest bail could potentially hinder the ongoing investigation, which was still in its early stages.
The accused official, Premoday Khakha, allegedly raped the minor girl multiple times between November 2020 and January 2021. He has been in jail since his arrest in August. The minor victim was known to the accused official, and the case involved serious charges under the POCSO Act and various sections of the Indian Penal Code.
The official's wife, Seema Rani, is also implicated in the case for allegedly providing the girl with medicine to terminate her pregnancy. She, too, is in judicial custody. The couple was arrested after the survivor recorded her statement before a magistrate at a hospital.
The charges against the accused include sections of the IPC related to rape, criminal intimidation, voluntarily causing hurt, causing miscarriage without the woman's consent, and criminal conspiracy. The gravity of the offenses, coupled with the delicate circumstances surrounding the case, has led to a complex legal battle.
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