Molestation case: Delhi court dismisses AAP MLA Dinesh Mohaniya's bail plea

New Delhi: Delhi's Saket court on Monday dismissed the bail plea of AAP MLA Dinesh Mohaniya, who was arrested on Saturday on charges of molestation and sexual harassment. The court also extended Mohaniya's judicial custody till July 11.

"There is no change in the circumstances in the last 2 days to interfere with the duty magistrate's June 25 order. This second bail application of accused is dismissed," Metropolitan Magistrate Bhavna Kalia said.

The MLA was booked on June 23 for allegedly misbehaving with a group of women who had approached him with a complaint regarding water crisis in their locality. An FIR was lodged at South Delhi's Neb Sarai Police Station.

Opposing the bail plea, police submitted that if relief was granted, 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 police to frame the politician.

Phoolka also said the offence under section 354 (assault or criminal force to woman with intent to outrage her modesty) of IPC cannot be attracted as there was no intention on the part of Mohaniya to molest or tear clothes of the alleged victims.

Mohaniya was arrested 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.

However, the MLA had rubbished the allegations, saying it was an attempt to defame his reputation as the water mafia is frustrated because of the Delhi government's crackdown.

Mohaniya, who is also vice chairman of Delhi Jal Board, was virtually dragged from his seat by a police official when he was talking to reporters at his office.

Mohaniya was booked under 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.

Another case was registered against Mohaniya for allegedly slapping a 60-year-old man in Tughlaquabad area on Friday. Case was registered under Sections 323 (punishment for voluntarily causing hurt) and 341(punishment for wrongful restraint) and 34 (act done by several persons) of the Indian Penal Code (IPC) at the Govindpuri Police Station.

Mohaniya is the eighth AAP MLA to be arrested by Delhi Police since the party came to power for the second time in Delhi February 2015.