Muradnagar: Mahant gets bail in women dressing room filming case

The alleged incident occurred at “Chota Haridwar” that also houses a temple with the suspect (Mukesh Giri) as its caretaker (Mahant)

Ghaziabad: The Allahabad high court has granted anticipatory bail to suspect Mukesh Giri in a case related to alleged filming of women using a CCTV camera in a dressing room set up near a temple on the banks of Muradnagar canal in May.

Giri remained absconding and filed a petition for anticipatory bail before the Allahabad high court. In the due course, a reward of ₹1 lakh was also announced over his arrest. (Sakib Ali/HT Photo)

The alleged incident occurred at “Chota Haridwar” that also houses a temple with the suspect (Mukesh Giri) as its caretaker (Mahant).

A first information report (FIR) was registered on May 23 against Giri after a 45-year-old woman complained to police on May 21 that she was filmed while coming for a bath. She alleged that Giri had allegedly put up a CCTV camera facing the changing room and he accessed live feed of the women’s changing room.

The FIR was lodged under Indian Penal Code (IPC) sections 354 (molestation), 354c (watching or capturing images of a woman engaging in a private act), 504 (intentional insult) and 506 (criminal intimidation) besides section 7/8 of the Protection of Children from Sexual Offences (POCSO) Act at Muradnagar police station.

On Thursday (October 3), the high court directed that “the applicant is only liable to be prosecuted under Section 354C IPC, which is bailable in nature”.

Giri remained absconding and filed a petition for anticipatory bail before the Allahabad high court. In the due course, a reward of ₹1 lakh was also announced over his arrest.

The government counsel appearing for the state of UP said before the high court during the October 3 hearing that “section 509 IPC and section 66E of Information Technology Act have also been added against the applicant”.

Sanjay Singh, the additional government advocate, opposed the anticipatory bail and submitted that videos of females changing clothes were found from the mobile phone and network video recorder (NVR) seized by police, and were confirmed by the forensic science laboratory.

The high court, during the hearing, held detailed discussions about the applicability of different IPC/POCSO sections levied against Giri in the case, and finally directed granting of bail.

“… the applicant is only liable to be prosecuted under Section 354C of the IPC, which is bailable in nature. Merely imposition of sections in investigation without the material being available violates the right of an individual under Article 21 of the Constitution of India. It is settled principle of law that the object of bail is to secure the attendance of the accused,” the court said during the October 3 hearing.

“No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned additional government advocate (AGA) for the State. In view of the aforesaid facts and circumstances of the case, the applicant is entitled to be granted anticipatory bail,” it added.

Meanwhile, the court laid down certain conditions for bail, adding that in the event of arrest of applicant, he shall be released on anticipatory bail on his furnishing a personal bond of ₹25,000 with two sureties each in the like amount to the satisfaction of the court concerned.

Giri’s counsel also maintained that investigation has not been carried on as required under law and the allegations are serious in nature.

“Therefore, this court deems it proper that in the present case investigation be monitored by the Commissioner of Police, Ghaziabad on a day-to-day basis and same be completed in a time-bound manner… It is made clear that any observation made in the present order is only for deciding the present anticipatory bail application and the court concerned and authorities shall not be influenced with any observation made herein above while proceeding with the investigation or the trial, if any,” the court order added.

Siddharth Gautam, assistant commission of police, Masuri/Muradnagar circle, said, “We will comply with the directions given by the court.”