Delhi High Court Grants Transit Anticipatory Bail To Senior IAS Officer In Rape Case

The Delhi High Court has granted transit anticipatory bail to Jitendra Narain, ex-Chief Secretary of Andaman and Nicobar Islands, in a rape case registered against him.

Narain, a senior Indian Administrative Services (IAS) officer, was transferred from the post of Chief Secretary on July 22. As per media reports, Narain has been placed under suspension by the Ministry of Home Affairs following the registration of the case. He was posted as the Chairman and Managing Director of the Delhi Financial Corporation.

Protecting Narain only till October 28, Justice Yogesh Khanna allowed him to avail his legal remedy to approach the court at Port Blair till the said date.

"Considering the submissions and without giving any opinion on merits, I deem it appropriate to allow the petitioner to avail his legal remedy to approach the Court at Port Blair till 28.10.2022 and is protected only till that date. This order of protection from arrest shall automatically be vacated on 29.10.2022," the court said in an order passed on Thursday

Justice Khanna added that no further extension of protection from arrest shall be given to Narain.

It was Narain's case that the FIR was filed against him by the daughter-in-law of a Junior Engineer in the Public Works Department, who was removed from service on January 15 after Narain had imposed a penalty on him for misconduct.

Narain's counsel submitted before the court that the prosecutrix had filed a complaint on August 22 before the SHO concerned alleging that she was sexually exploited twice - on April 14 and May 1 - after the former Chief Secretary called him at his residence in the night. The prosecutrix alleged that she was raped by Narain and another official.

The court was apprised that Narain was not in Andaman and Nicobar Island from April 11 to 18 but rather was in Delhi. Regarding the date of incident of May 1, it was submitted that Narain was at his residence in the presence of his family members and guests and as such the incident couldn't have happened.

It was thus argued that the complaint was motivated since it was filed by the daughter-in-law of an official who was given a penalty and was ultimately removed from service.

On the other hand, the prosecution opposed the grant of bail arguing that there were clear allegations against Narain for having sexual intercourse with the prosecutrix on two instances against her consent.

It was submitted that the prosecutrix was coerced on the pretext of getting a job and that Narain had committed the offence while being in a high official position.

Hearing the parties, Justice Khanna said that it would not be appropriate to consider the allegations and counter allegations at the stage of transit anticipatory arrest as it may prejudice the case of either party.

"Rather it would be in the fitness of things, the court concerned who is seized of the matter should look into the merit/demerit of the case. The petitioner is only asking for protection to avail legal remedy before the Court at Circuit Bench at Andaman and Nicobar Islands at Port Blair. Such Court is functional till 28.10.2022," the court said.

Title: Jitendra Narain v. State & Anr.

Citation: 2022 LiveLaw (Del) 1000