The Delhi High Court on Monday declined to grant “default bail” to suspended Delhi government officer Premoday Khakha, who is accused of raping a minor girl multiple times and impregnating her.
Khakha challenged a trial court’s decision denying him statutory bail, arguing that the charge sheet filed in the case was based on an incomplete investigation. Similarly, his wife also sought default bail before the high court, but her plea was also rejected.
Justice Jyoti Singh, rejecting the bail pleas, stated that the trial court’s order was sound, emphasizing that the police had conducted a substantial investigation before filing the charge sheet within the prescribed time.
“The charge sheet was filed on October 11, 2023. Cognisance was taken by the trial court on November 8, 2023. Undoubtedly, substantial investigation has been completed,” remarked the court. “The court finds no infirmity in the trial court order refusing default bail.”
According to the Code of Criminal Procedure, an accused is entitled to default bail if the investigating agency fails to file a charge sheet before the concerned court within the stipulated time, which was 60 days in this instance.
Khakha stands accused of raping a minor girl on multiple occasions between November 2020 and January 2021 and is currently in judicial custody following his arrest in August.
The victim was reportedly known to the accused’s family, as per the police.
Khakha’s wife, Seema Rani, is also implicated in the case. She allegedly administered medication to the girl to terminate her pregnancy and is currently in judicial custody.
The arrests of the couple came after the survivor provided her statement before a magistrate at a hospital.
The case was registered under the provisions of the POCSO Act and Indian Penal Code sections 376(2)(f) (rape committed by a relative, guardian, or person in a position of trust or authority towards the victim) and 509 (gesture or act intended to outrage the modesty of a woman).
Additionally, IPC sections 506 (criminal intimidation), 323 (voluntarily causing hurt), 313 (causing miscarriage without consent), and 120B (criminal conspiracy) have been invoked in the case, according to police sources.
