'Damaged Religious Feelings, Distorted Public's Faith In Religious Guru': Punjab and Haryana High Court Rejects Sadhu's Bail Plea In Rape Case

The bench of Justice Jagmohan Bansal said the accused Naga Baba Dalip Giri “miserably misused his position” and does not deserve any leniency.

“He has not only quelled heart and soul of the prosecutrix but also damaged religious feelings of public at large and distorted faith posed by public at large in religious Guru,” said Justice Bansal.

The religious guru is accused of offences under Sections 120-B, 328, 343, 354, 376, 377, 506 & 511,376-D & 376(2)(n) of IPC registered at Police Station City Mahendergarh, District Mahendergarh.

The prosecution's case is that in February 2022, he had called the prosecutrix to attend the Bhandara. Thereafter, she was asked to stay at a Vidhwa Ashram for a few days. One evening, she was offered tea mixed with some substance. She was later raped by the accused, and the assault continued for four days. 

The counsel for the petitioner argued that the co-accused in the case has been granted bail and the prosecutrix also has been examined, thus there was no possibility of the misuse of the concession of bail.

On the other hand, the counsel for the State contended that the accused had misused his religious position, and he had not only outraged the modesty of a lady but also defamed the religion. It was further highlighted by the counsel that the DNA report, as well as the prosecutrix in her examination, had fully supported the case of the prosecution.

After hearing the parties, the court said that the examination of the prosecutrix and the grant of bail to the co-accused, against whom there is no allegation of rape, is no ground to grant the concession of regular bail to the petitioner.

The court observed that if he is released on regular bail, there are all possibilities that he may flee from justice because he has no permanent abode.

Case Title: Xxx v. Xxx [CRM-M-12375-2023]