SC grants bail to kids of suspended govt officer accused of sexual assault

New Delhi: In a significant development, the Supreme Court has granted anticipatory bail to the daughter and son of a suspended Delhi government officer accused of sexually assaulting a minor girl.

A bench of Justices CT Ravikumar and Rajesh Bindal provided the relief, taking into account that the petitioners have cooperated with the ongoing investigation.

The court’s order on Monday stated, “Having carefully reviewed the statements, heard arguments from both counsels, and examined the available evidence, we believe that these Special Leave Petitions can be concluded. Consequently, we direct the release of the petitioners on bail in case of their arrest, provided they furnish a bond of Rs 25,000. This is subject to the Investigating Officer’s satisfaction and further compliance with the conditions specified under section 438(2), CrPC.”

Advocates Shubhashis R Soren and Bhakti Singh represented the petitioners in the case. Earlier, the Delhi High Court had, on October 11 last year, declined anticipatory bail to the daughter and son, asserting that their ‘comprehensive interrogation’ was necessary at that stage of the investigation. The high court noted the significance of their personal liberty but expressed concerns about the nature of the offences allegedly committed over a period of time, particularly given the vulnerable state of the victim, who had recently lost her father.

The court highlighted that the siblings were ‘untraceable’ and granting pre-arrest bail could impede the early stages of the investigation.

The official’s son and daughter had sought pre-arrest bail from the high court after facing rejection from the trial court. Their father, the accused in the case, allegedly committed rape multiple times between November 2020 and January 2021 and is currently in judicial custody following his arrest in August.

The survivor, known to the accused, is reported to be the daughter of an acquaintance. The accused official’s wife, also implicated in the case for allegedly providing the girl with medicine to terminate her pregnancy, is in judicial custody as well. The arrests came after the survivor recorded her statement before a magistrate at a hospital.

A case has been registered under the Protection of Children from Sexual Offences (POCSO) Act and relevant sections of the Indian Penal Code. The charges include rape, criminal intimidation, voluntarily causing hurt, causing miscarriage without consent, and criminal conspiracy.