The Delhi High Court recently emphasized that judges, just like ordinary individuals, have the right to private and social lives to fulfill their responsibilities towards their families.
The bench, headed by Justice Swarana Kanta Sharma further asserted that it is incorrect to imply that an individual accused of deceiving a judge's family would be deprived of justice due to the judge's influence.
Case Brief:
This observation was made in the context of rejecting the bail application filed by Mohit Pilania. Pilania was accused of being an accomplice to Aarav, alias Ravi Gautam, who allegedly committed rape and deception against the sister of a judicial officer by making false promises of marriage.
Additionally, the Court reprimanded the accused person's lawyer for disclosing the identity of both the victim and the judicial officer in the legal pleadings.
The Court emphasized that judges, like anyone else, value their reputation. By exposing the identities of the victim and the judicial officer, the accused is attempting to exploit the judicial system for personal gain, a point underscored by the Court.
The Court observed that the trial court had already warned the counsel against disclosing the identities of the victim and her brother, who happens to be a judge.
In response to these concerns, the Court directed the registry to implement a precautionary measure. Henceforth, in any petitions or applications related to cases of sexual offences, the Court mandated the attachment of a certificate or note with the first page of the petition. This certificate would verify that the names of the complainant or any other individuals have not been disclosed in the filing.
The primary accused, Ravi Gautam, established a connection with the complainant through a matrimonial website and subsequently entered into marriage with her. However, it was later discovered that Gautam was already married, indicating a fraudulent misrepresentation of his marital status.
The bail applicant, Mohit Pilania was booked for being an accomplice.
Upon careful consideration of the case, the Court reached the conclusion that Mohit Pilania, the petitioner, served as the teacher of the main accused, Ravi Gautam. It was alleged that Pilania had conspired with Gautam to deceive the complainant and her family.
“The charges against the present accused have already been framed, and the complainant is yet to be examined before the learned Trial Court. The allegations against the applicant/accused are very grave and serious in nature. The apprehension of threatening and influencing the material witnesses cannot be completely ruled out at this stage.”
The Bench, therefore, rejected the bail plea.
Advocate Mahesh Chand appeared for the accused Mohit Pilania.
Additional Public Prosecutor (APP) Manoj Pant appeared for the State.
The complainant was represented through Advocate Puneet Bajaj.