The importance of personal liberty and the need to consider the totality of circumstances before denying anticipatory bail.

JUDGMENT :

Rajnish Bhatnagar, J.

1. The present bail application has been filed under Section 438 Cr.P.C. on behalf of the petitioner for grant of anticipatory bail in case FIR No. 005/2021 under Sections 376/506/509 IPC registered at Police Station Greater Kailash as the Court of Sessions dismissed his anticipatory bail application on 01.04.2021, holding that the allegations against the petitioner are serious and it is not a fit case for grant of anticipatory bail.

2. Briefly stated, the facts of the case are that on 29.12.2020 a complaint was lodged by the victim at P.S. Greater Kailash against the petitioner who is her step father. In the said complaint, the complainant stated that she was pursuing Economics from D.U. and was staying with her mother after the separation of her mother from her father in the year 2001. It is stated that her mother is a business woman and in the year 2010 her mother met the petitioner who was also divorcee, and they married each other in the year 2012. Thereafter the petitioner also started living with them and started working in the complainant's mother company. It is alleged that shortly, after the marriage between the petitioner and mother of the complainant, behaviour of the petitioner from the beginning was over friendly with her and was always finding excuses to physically touch her and hug her.

3. It is further alleged that the complainant objected to the behaviour of the petitioner who told her that he was only trying to teach her and discipline her and she could not take it otherwise. It is further alleged that soon his behaviour progressed in the direction of aggressive sexual harassment and was always trying to touch the body of the complainant when no one was looking. It is alleged that the complainant was severely, emotionally depressed and then she started to object very loudly telling the petitioner not to touch her on her bum or any other part of her body even as a friendly gesture.

4. It is further alleged that after observing this kind of behaviour for a long time, the complainant started avoiding the petitioner whom she always addressed as daddy. It is further alleged that the behaviour of the petitioner was very vulgar and cheap in front of the complainant and he had no respect for her mother. It is further alleged that the life style of the petitioner is like a street goon and he always dresses inappropriately and used to roam around inside the house and in front of the complainant wearing only shorts and with bare chest. It is further alleged that the complainant always used to suspect that he is trying to mix some medicines in her drink such as tea, coffee, juice as on several occasions, she noticed that the taste of the drinks were strange. It is alleged that once after consuming such drink, the complainant felt dizzy and felt like she was going unconscious so she immediately took a bath with cold water to keep herself awake. It is further alleged that thereafter the complainant avoided having tea, coffee, juice etc. whenever the petitioner was near her or near the kitchen.

5. It is further alleged that she has not shared this with her mother. One day her mother had a cup of green tea made by the petitioner for the complainant which she did not drink, but her mother consumed this green tea, and she became unconscious and woke up next morning with a severe headache and other symptoms. It is further alleged that after this incident the complainant completely stopped drinking and eating near the petitioner. It is further alleged that every time the petitioner went on international trips, he always wanted to go or come via Bangkok where he would often stay at night to satisfy his lusts. It is alleged that the petitioner used to bring his goon type friends to the house to drink and then they would cheaply speak in the house.

6. It is alleged that on 18.05.2020 around 09-09:30 a.m. when the complainant was taking bath in her bathroom, she forgot to take her towel inside. It is alleg