Delhi HC dismisses ex-minister Somnath Bharti's bail plea, faces arrest

New Delhi AAP MLA Somnath Bharti facesarrest with the Delhi High Court on Tuesday rejecting his plea foranticipatory bail in the domestic violence case lodged againsthim by his wife observing that the allegations against himwere backed by documentary proof and that Bharti is violentTerming the allegations against former Delhi law ministerBharti by his wife Lipika Mitra as very serious JusticeSuresh Kait said she has been tolerating his cruelty andbrutal assaultJustice Suresh Kait said Bharti is not only violent and outrageous at home but also before the public at largeSomnath BhartiDismissing his plea for protection from arrest in thecase the court said being an MLA he should have shown moregenerosity and responsibility towards his wife and childrenThe present case is not a simplicitor one for theoffences under Sections 498A cruelty towards a marriedwoman406 criminal breach of trust IPC as the complainanthas been tolerating cruelty with brutal assault which isevident from an email dated March 20 2013 sent by thecomplainant wife to the petitioner BhartiBharti is elected as Member of Legislative Assembly ofDelhi He should have shown more generosity and responsibilitytowards his wife and children Earlier he had financialdifficulties therefore every time he compromised with hiswife But after being elected as MLA he failed to win thesentiments and trust of his wife the judge observedThe court also pulled up Bharti for his midnight drama byreaching police station after he was granted protection fromarrest till an order was pronounced on his anticipatory bailpleaAfter granting protection by this court vide order datedSeptember 15 2015 Bharti reached the police station at 2 amand compelled the police officers to record his presence Thesaid conduct of the petitioner cannot be appreciated in anymanner Thus he has misused the protection granted by thiscourt the judge saidThe court relied on her medical report supporting theallegations that he unleashed his dog on her while she waspregnantThe court said the allegations against him are not baldbut supported with documentary proof The complainant time andagain compromised with the petitioner for the sake of theirmarriage and family She even cooperated during his electionit saidLipika had filed a complaint of domestic violence withDelhi Commission for Women on June 10 alleging that herhusband had been abusing her since their marriage in 2010 Shehad also given a complaint to the police in this regardDelhi Police then registered an FIR against Bharti undersections 307 attempt to murder 498A cruelty towards wife324 voluntarily causing hurt by dangerous weapon 406criminal breach of trust 313 read with 511 attempt tocause miscarriage without womans consent 420 cheating and506 criminal intimidation of IPCThe court while denying him the relief also noted thatthe fact that he was involved in two more cases registered atMalviya Nagar police station for several offences includingmolestation under the IPC speaks volume and shows thatBharti is not only violent and outrageous at home but alsobefore public at largeMoreover during arguments the counsel for the stateproduced the medical papers of her being bitten by the dog ofBharti The allegations against the AAP MLA are not bald butsupported with documentary proofThe complainant time and again compromised with thepetitioner for the sake of their marriage and family She evencooperated during the election of petitioner Despite thattheir marriage is not running smoothly the judge observed inthe 23page orderThe high court had on September 17 reserved its verdictwhile protecting Bharti from arrest till pronouncement of itsorderBharti had moved the high court seeking protection fromarrest after a trial court denied him anticipatory bail onSeptember 14 and another court issued a nonbailable warrantagainst himBhartis plea for anticipatory bail was turned down by atrial court observing that it was the second complaint filedagainst the MLA by his wife who has alleged that he did notmend his conduct despite assurance before Crime Against WomenCell of the policeSpecial Public Prosecutor Shailendra Babbar appearing forDelhi Police submitted that Bharti used to harass and treathis wife with cruelty both physically and mentally and haddemanded verbally more dowry articlesIt was alleged that Bharti used to harass and torture hiswife when she was pregnant by repeatedly abusing at her workplace knowing fully well that her health condition was notwell as she was diabetic and hypertensiveThe police had also contended that the AAP MLA had on oneoccasion directed his dog to attack his pregnant wife in frontof their oneand ahalfyearold daughterCountering the allegations levelled by police Bhartiscounsel senior advocate Dayan Krishnan had argued that the sumand substance of the FIR against the MLA was a matrimonialdispute which has been blown out of proportion in view ofhis elected positionBhartis counsel had denied the allegation that his clienthad commanded the dog to attack his wife saying the pet was afamily memberBrushing aside Bhartis contention Justice Kait dismissedhis petition saying keeping in view the law discussed aboveand the peculiar facts and circumstances of the case thisCourt does not find any merit in the instant petitionBhartis wife who was present in the proceedings in trialcourt as well as high court had refused to reconcile with herhusband saying he had mistreated and abused her when they weretogether