SC grants anticipatory bail to children of Delhi govt officer in minor’s rape case

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The Supreme Court has granted anticipatory bail to the two children of suspended Delhi government official Premoday Khakha, who was arrested for repeatedly raping a 17-year-old girl in his care at his residence between November 2020 and January 2021.

A bench of Justice CT Ravikumar and Justice Rajesh Bindal granted anticipatory bail to Khakha’s daughter Prateeksha and son Harsh Prateek noting that they have joined the investigation. The official’s son and daughter were accused of abetting the crime.

“After going through the statement, hearing the counsel from both sides, and after perusing the material on record, we are of the view that these Special Leave Petitions can be disposed of, directing the release of the petitioners on bail in the event of their arrest on furnishing a bond of Rs 25,000 subject to the satisfaction of the Investigating Officer and further subject to the conditions stipulated under section 438(2), CrPC. The Special Leave Petitions stand disposed of,” the bench said in its order passed on January 8, 2024.

Senior advocate Siddharth Luthra and advocate Shubhashis Soren appeared for Khakha’s children.

Earlier, the trial court had dismissed Prateeksha and Harsh Prateek’s plea for anticipatory bail in September 2023. On October 11, 2023 the Delhi High Court declined their anticipatory bail plea. Thereafter, they moved the Supreme Court.

Premoday Khakha, the suspended officer belonging to the Delhi Women and Child Development (DWCD) Department, was arrested in August last year for raping the minor girl in his care multiple times at his residence in Burari between November 2020 and January 2021.

When she became pregnant on 21 January, 2021, she informed Khakha’s wife Seema Rani about it who allegedly gave her abortion pills. Both Khakha and his wife are currently in judicial custody.

It was alleged that the minor victim is the daughter of a person known to the accused. Police had arrested the couple after recording the statement of the victim.

Police had registered a case under sections relating to rape and the Protection of Children from Sexual Offences (POCSO) Act besides other sections under the India Penal Code.