HC dismisses Somnath Bharti's bail plea, faces arrest

AAP MLA Somnath Bharti faces arrest with the Delhi High Court today rejecting his plea for anticipatory bail in the domestic violence case lodged against him by his wife, observing that the allegations against him were backed by "documentary proof".
Terming the allegations against former Delhi law minister Bharti by his wife, Lipika Mitra, as "very serious", Justice Suresh Kait said she has been tolerating his "cruelty" and "brutal assault".
Dismissing his plea for protection from arrest in the case, the court said being an MLA he should have shown more "generosity and responsibility towards his wife and children".
"The present case is not a simplicitor one for the offences under Sections 498-A (cruelty towards a married woman)/406 (criminal breach of trust) IPC as the complainant has been tolerating cruelty with brutal assault, which is evident from an e-mail dated March 20, 2013, sent by the complainant (wife) to the petitioner (Bharti)...

"Bharti is elected as Member of Legislative Assembly of Delhi. He should have shown more generosity and responsibility towards his wife and children. Earlier, he had financial difficulties, therefore, every time, he compromised with his wife. But after being elected as MLA, he failed to win the sentiments and trust of his wife," the judge observed.
The court also pulled up Bharti for his midnight drama by reaching police station after he was granted protection from arrest till an order was pronounced on his anticipatory bail plea.

"After granting protection by this court vide order dated September 15, 2015, Bharti reached the police station at 2 am and compelled the police officers to record his presence. The said conduct of the petitioner cannot be appreciated in any manner. Thus, he has misused the protection granted by this court," the judge said.

The court relied on her medical report supporting the allegations that he unleashed his dog on her while she was pregnant.
"The court said the allegations against him are not bald but supported with documentary proof. The complainant time and again compromised with the petitioner for the sake of their marriage and family. She even cooperated during his election," it said.
Lipika had filed a complaint of domestic violence with Delhi Commission for Women on June 10 alleging that her husband had been abusing her since their marriage in 2010. She had also given a complaint to the police in this regard.

Delhi Police then registered an FIR against Bharti under sections 307 (attempt to murder), 498A (cruelty towards wife), 324 (voluntarily causing hurt by dangerous weapon), 406 (criminal breach of trust), 313 read with 511 (attempt to cause miscarriage without woman's consent), 420 (cheating) and 506 (criminal intimidation) of IPC.