The High Court of Jharkhand has dismissed the anticipatory bail petition filed by Bharatiya Janata Party MLA Dhullu Mahato accused in a case of sexual exploitation.
The petitioner had moved the Court in apprehension of his arrest in cases under under Sections 354, 376, 511, 506, 34 of the Indian Penal Code, for grant of privileges of anticipatory bail.
Justice AK Chaudhary heard the plea through video conferencing.
The Counsel on behalf of the MLA from Baghmara area of Dhanbad district, stated that the sexual abuse allegations against Dhullu were false, and he had been wrongfully implicated in political malice. The allegation against the petitioner is that the petitioner attempted to commit rape upon the informant sometime in the month of November, 2015, and the said allegation is false. He also stated that because of political rivalry, a false case has been foisted against the petitioner by the informant as the informant has joined a political party opposed to the political party of the petitioner.
He also submitted that though the petitioner has been involved in a number of cases but he has been acquitted in 33 cases after trial and only in two cases, he has been convicted, against the judgments of which he has filed appeals and the sentence has been suspended by the orders of the appellate courts.
Meanwhile, the Special Public Prosecutor of the government opposed the anticipatory bail on the following grounds :
- There is requirement of custodial interrogation of the petitioner during the investigation of the case.
- The serious nature of allegation against him by informant.
- Petitioner is a hardened criminal and is also threatening the informant to withdraw the case.
- He also threatened her that she will be eliminated unless she withdraws the case
- There is a chance of the petitioner tampering with the evidence considering his criminal antecedent and his position as Member of Legislative Assembly.
The Court stated the charges against the petitioner are of a very serious nature, advance bail cannot be granted in such a case as the accused needs to be questioned in custody.
Considering, the serious nature of allegation against the petitioner of attempting to commit rape upon the victim and the requirement of his custodial interrogation during the investigation of the case as well as the chance of his tampering with the evidence, the application for anticipatory bail was dismissed.
-India Legal Bureau