IMPORTANT POINT
The court underscored that in cases of sexual violence, the victim's dignity and safety are paramount, necessitating a cautious approach to bail applications.

JUDGMENT :

Mr. Sumeet Goel, J.

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.32 dated 21.05.2022 (Annexure P-1), registered for the offences punishable under Sections 376(2), 377, 328, 323, 354, 506, 509 and 120-B of the Indian Penal Code, 1860 at Police Station Sadar Rajpura, District Patiala.

2. The FIR in question (as culled out in the present petition by the petitioner) reads as under :

“At this time, one application no. 153/5C PS SDR RJP dated 20.05.2022 was received from complainant (Ed. Omitted) in office of SHO of PS Sadar Rajpura and the contents of which are: Hon’ble SHO Sahib, Sadar Police Station, Rajpura. Complaint against Guru Sukh Sagar alias Ganpat Ram alias Osho Sagar, resident of Ashram, Village Basantpura, Tehsil Rajpura, District Patiala, regarding committing repeated rape since childhood, on the pretext of religion and by administering drugs and regarding committing unnatural sex, making obscene videos in connivance with his son Hemant alias Himanshu, beating her, detaining her and regarding giving taunts and death threats. Sir I, complainant (Ed. Omitted) and pray as follows - 1) That when the complainant was 12 years old, at that time her family got attached with organization “Osho Dhara” run by Brother of Osho Rajneesh i.e. Osho Shailender and accused Guru Sukh Sagar, Resident of Ashram, Village Basantpura, Tehsil Rajpura, Patiala. We started believing in accused Sukh Sagar as our guru. After a few days, accused came to our house on the pretext of doing good to us and called me to his room at night and hugged me on the pretext of showing me past life, then kissed me on the lips and put his hands on my posterior and later said that daughter go and sleep now. In the morning, I was very nervous, so the accused told my father that your daughter is in shadow of ghosts (beti te bhootan-bharetan da saya hai), let her stay with me for a few days, I will keep her as a daughter and make her well. By making such belief, accused took me along and told me that you have to do as I ask you to. At night, the accused administered me some drugs and made me lie down with him and came over me and forcibly raped me. Being a child, I did not understand what was happening to me. When I woke up in the morning, I was bleeding profusely. I could not say anything due to fear of the accused. Then one day the accused gave me water to drink and I started to feel sleepy. The accused then forcibly raped me. I was in pain and I screamed very loudly but my pain was not fading away and both my legs were shaking. When I asked about it to accused, he said that this is the cure for you, if you tell someone something, then the Guru will get angry with you and your life will be full of suffering and that no one knows more Tantra-Mantra knowledge than me and I am the greatest tantric. Out of fear of accused, I started wetting my bed, on which he used to say that daughter, bad forces have captured you and you cannot save yourself from them and you will die in some time, I was very scared and said, Guruji, I will do as you ask me to. In this way, the accused controlled me by fear and threat since my childhood and he by administering me intoxicating substances had raped me countless times and had unnatural sex with me. When I used to get pregnant, he used to commit abortion by giving me medicines. When I used to refuse something or used to get angry, the accused used to say that this anger is not coming from me but from things inside me and same has to be corrected and he used to take off my clothes and put his whole hand in my vagina and pressed my face with his hand and my legs also used to shiver. After doing all this, accused used to utter very bad abuses to me and used to say that after today, you are not capable of any other man and only I have control over your life and now you will never dare to go out and say anything to anyone and he used to spit on my face a