Aam Aadmi Party MLA Dinesh Mohaniya, arrested in a case of alleged molestation, was on Wednesday granted bail by a Delhi court which said no purpose would be served by keeping him in judicial custody as investigation was almost complete.
Additional Sessions Judge Neelam Singh granted the relief to Mohaniya, an MLA from Sangam Vihar, whose earlier two pleas were dismissed by magisterial courts in New Delhi.
The court granted him bail on a personal bond of Rs 50,000 and a surety of the like amount and directed him not to tamper with prosecution evidence or hamper the investigation in any manner.
"Perusal of record shows that the investigation is almost complete in the case. It is a fact that the appellant accused is a member of the Legislative Assembly and has his roots in the society.
"Since the investigation is almost complete and the fact that accused is in judicial custody since June 25, therefore no purpose would be served by keeping him in judicial custody anymore. Therefore, I am inclined to release accused Dinesh Mohaniya on bail on furnishing a personal bond and a surety bond of Rs 50,000 with one local surety of the like amount," the judge said.
The judge further directed Mohaniya not to tamper with prosecution evidence or hamper the investigation in any manner and asked him to join the investigation as and when required.
The court, while granting the relief to the MLA, took into consideration the arguments of his counsel senior advocate H S Phoolka that there was a violation of procedure and law by the police authorities.
During the arguments, the Delhi police opposed the bail plea saying he was an influential person and if released, he may tamper with evidence and may even win over witnesses.
However, the MLA's counsel argued that the politican was ready to abide by all conditions imposed by the court and not interfere in any manner with the investigation and prosecution evidence.
"He is a member of the legislative assembly, has deep roots in society and is ready to face trial. He has been falsely implicated in the case and is in judicial custody since June 25," his bail plea said.
According to the complaint filed by a woman, she along with other women had visited the office of Mohaniya with regard to water problem on June 22 and the legislator and his associates had allegedly misbehaved with them and pushed them out of the office.
It was recorded in the FIR that threats were given to the women that if they dared to visit the office again, their hands and feet would be broken.
A magisterial court had on June 25 refused to grant bail to Mohaniya on the ground that the allegations against him were grave in nature and required investigation.
His second plea seeking bail was also dismissed by another magisterial court on June 27 which refused to interfere with the earlier order and sent the MLA to 14 days in Tihar jail.
The MLA, who is also vice chairman of Delhi Jal Board, was virtually dragged from his seat by a police officer when he was talking to reporters at his office in Khanpur in South Delhi. An FIR was lodged at South Delhi's Neb Sarai Police Station.
The politician was arrested 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.
He is the eighth AAP MLA to be arrested since the party came to power for the second time in Delhi in February last year.
