The main legal point established in the judgment is the importance of considering the nature and gravity of the accusations, the role of the accused, and the likelihood of tampering with evidence or fleeing from justice when deciding on anticipatory bail applications.

JUDGMENT :

JASGURPREET SINGH PURI, J.

1. The present petition has been filed under Section 438 of the Code of Criminal Procedure for the grant of anticipatory bail to the petitioner in case bearing FIR No.0203 dated 09.05.2021, under Sections 120-B/342/354/365/376-D/506 of Indian Penal Code, 1860, registered at Police Station City Bahadurgarh, District Jhajjar.

2. As per the allegations contained in the aforesaid FIR a complaint was made by one Utpal Basu stated to be a trade union activist and member of Association for Protection of Democratic Rights (APDR) and resident of Hoogli, West Bengal by stating that he had a daughter aged 25 years who was an artist and an ornament designer. She was also a supporter of the farmers' movement. On Ist April, a delegation of six persons including Anil Malik, Anuj Singh Chanaut, Ankur Sangwan (petitioner), Kovita Arya, Jagdish Brar and Yogita Suhag reached Bengal as a part of the campaign by Samyukt Kisan Morcha.

3. The daughter of the complainant met them on 4th April at Hoogli and while conducting public meeting the daughter of the complainant got involved with the group and wanted to join them. She contacted Yogita who directed her to contact Anil Malik as he was the coordinator of the Association. She had earlier been involved with popular protests and movements and expressed her desire to travel with the group to Delhi. Although the complainant was initially reluctant but finally he agreed to let her go to Delhi and in April she left from Howrah station for Delhi along with five other persons namely, Anil Malik, Anup Singh Chanaut, Ankur Sangwan (petitioner), Jagdish Brar and Kovita Arya. Since Anil was the senior most member, the complainant requested him to look after Moumita like his sister. In the train at night when everyone had slept, Anil came to his daughter’s berth and forced himself on her and held her hands and kissed her forcefully. The complainant’s daughter told him to go away and asked him not to repeat that behaviour. On 12th April the group reached Delhi where they were taken to Tikri Border site where farmers were staying in tents and since she did not know anyone else and was yet to understand things at the new place, she stayed at the tent of Kisan Social Army along with Anil Malik, Anup Singh Chanaut and Ankur Sangwan (Petitioner). She narrated the train incident to the complainant on phone for the first time on 14thApril and was feeling very hesitant while speaking and she said that Anil and Anup are not decent people and they were blackmailing her and the complainant told her to speak to some women over there and also to inform the local committee and seek their help immediately. And when complainant got in touch with her over the phone and she told her that she was under pressure and finally on 16th April she told that she had confided in Yogita and Jagdish, and that Yogita had also made a video of her statement on the same day in the presence of Jagdish. The same is also stored in the phone of his daughter.

4. On 16th and 17thApril, she also told the complainant over phone that she had passed blood with urine and complainant asked her to take immediate help from women around her and see a doctor if required. She told the complainant on 16th April that she had moved to another tent with the help of Yogita. On 17th April the complainant spoke to Yogita and requested her to help his daughter. On 18th April she told the complainant that she had met with lawyers and it was decided in the meeting that the incident of sexual harassment will be brought to the notice of the leaders of the Morcha. On the same evening with the help of Yogita she was shifted to tent near pillar No.774 where there were more women. After a few days, she called the complainant to say that she was feeling relaxed because she had her menstrual discharge. The complainant asked her that what was there to be happy about and she said that you men will not understand. Thereafter the complainant started