MLA Mohaniya to stay in jail as bail denied in molestation case

NEW DELHI: A Delhi court on Monday rejected the bail plea of Aam Aadmi Party MLA Dinesh Mohaniya, who was arrested in a case of alleged molestation, and remanded

NEW DELHI: A Delhi court on Monday rejected the bail plea of Aam Aadmi Party MLA Dinesh Mohaniya, who was arrested in a case of alleged molestation, and remanded him in 14 days’ judicial custody.

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Mohaniya, a legislator from Sangam Vihar, was arrested on the basis of a complaint lodged against him by a group of women at the Neb Sarai police station on June 23. The complainants alleged that he had abused them when they approached him with a water-related complaint.

Denying bail to Mohaniya, metropolitan magistrate Bhavna Kalia said, “There has been no change in circumstances over the last two days that warrants interference with the duty magistrate’s June 25 order. This second bail application of the accused is dismissed.”

Mohaniya, who is also the vice-chairman of the Delhi Jal Board, was arrested by a police team while he was addressing a press conference at his office in Khanpur, South Delhi, on Saturday. The duty magistrate then sent him to Tihar jail for two days, till June 27.

An FIR was lodged against Mohaniya 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 Indian Penal Code.

Delhi police had opposed the bail plea during the hearing, stating that Mohaniya could influence the ongoing investigation if set free.

However, senior advocate HS Phoolka – appearing for Mohaniya – submitted that there was a delay of 11 hours in lodging the FIR, and all the alleged offences were bailable. He also told the court that there was no basis for considering the statement of the women because it was recorded two days after the complaint was lodged.

The two-day period was used by the police to frame the MLA, Phoolka alleged.

The advocate further said Mohaniya cannot be charged under Section 354 (assault or criminal force to woman with intent to outrage her modesty) because he did not intend to molest the alleged victims or tear their clothes.

The women alleged that Mohaniya molested them during a tussle on the midnight of June 22, when they went to complain about water scarcity in their area. They had earlier told police that the MLA and his men verbally abused and threatened them.

He is the eighth AAP MLA to be arrested ever since the party came to power for the second time in Delhi last February.