Court rejects bail plea of MLA Dinesh Mohaniya
A city court on Monday rejected the bail plea of AAP MLA Dinesh Mohaniya, who was arrested by the Delhi police for allegedly misbehaving with a group of women who had approached him regarding water crisis, and remanded him to 14-day judicial custody.
The court rejected the AAP MLA’s bail plea for the second time. Earlier, Mr Mohaniya was denied bail by the duty magistrate. “There is no change in the circumstances in the last two days to interfere with the duty magistrate’s June 25 order. This second bail application of the accused is dismissed,” metropolitan magistrate Bhavna Kalia said.
A case against Mr Mohaniya under the Sections 323 (voluntarily causing hurt), 506 (criminal intimidation), 509 (word, gesture or act intended to insult the modesty of a woman), 354 (assault or criminal force to woman with intent to outrage her modesty), 354 A (sexual harassment), 354 B (assault or use of criminal force to woman with intent to disrobe) and 354 C (voyeurism) of the IPC was lodged with the Neb Sarai police station on June 23.
Opposing the bail plea, the police submitted before the court that if relief was granted, Mr Mohaniya could influence the probe which was still on against the other accused persons.
Senior advocate H.S. Phoolka, appearing on behalf of the politician during in chamber proceedings, submitted that there was a delay of 11 hours in lodging the FIR and the offences alleged were bailable.
He also told the court that the statement of a woman was recorded two days after lodging of complaint and there was no basis to consider it. The counsel said the allegations levelled against the accused were false as the gap of two days gave time to the police to frame the politician.
Mr Phoolka also said the offence under Section 354 (assault or criminal force to woman with intent to outrage her modesty) of IPC cannot be used as there was no intention on the part of Mr Mohaniya to molest or tear clothes of the alleged victims.
Mr Mohaniya, an MLA from Sangam Vihar, was arrested on charges of molestation and sexual harassment amidst high drama when he was addressing a press conference, triggering an angry reaction from chief minister Arvind Kejriwal who accused Prime Minister Narendra Modi of declaring an emergency in Delhi.
Mr Mohaniya, who is also vice-chairman of the Delhi Jal Board, was virtually dragged from his seat by a police officer.