Delhi High Court denies anticipatory bail to lawyer accused of molesting woman, disrobing her husband, son

The Delhi High Court recently denied anticipatory bail to a lawyer accused of molesting a woman and assaulting and disrobing her husband and her son [Vikas Yadav v. State of NCT of Delhi and Anr].

Justice Girish Kathpalia observed,

“Grant of anticipatory bail in such circumstances would convey wrong signals to the society at large that being a practicing advocate can be a license to indulge in such brazen lawlessness and would erode the public confidence in the rule of law.”

The incident took place in January following a dispute over gym being operated in the basement of the complainant’s house. 

The complainant, Rita Garg, stated that she was assaulted and molested by the lawyer, Vikas Yadav, and other accused persons. She claims that they assaulted her husband, who suffered a fracture as result, as well as her son, who was beaten, disrobed and left naked on a road. The entire incident was captured on CCTV.

Yadav was declared a proclaimed offender by the magistrate. He moved the High Court Court seeking anticipatory bail.

The prosecution told the Court that Yadav was absconding and did not join investigation despite issuance of non-bailable warrants and declaration as a proclaimed offender.

The Court agreed with the submissions made on Yadav’s behalf that proclaimed offenders can seek anticipatory bail, however, only under exceptional circumstances.

It went on to note Yadav’s conduct in assaulting persons with a heavy gym rod and the disrobing of the complainant's son. It stated that the psychological injury inflicted by Yadav in disrobing the man was more serious than inflicting physical injuries.

Terming Yadav’s conduct as “shocking and barbaric”, the Court rejected the argument that his profession of being an advocate is a circumstance favouring grant of anticipatory bail.

“Of course, all advocates, being officers of the court, deserve respect. But that tenet cannot be extended to an advocate, who indulges in such brazen lawlessness, that too publicly and with such impunity,” the Court stated.

The Court noted that the investigating officer did not arrest Yadav despite the non-bailable warrants issued against him. It also observed that Yadav had the audacity to record his police interrogation. 

“That amply establishes his mindset of exhibiting might of being an advocate...it also shows scant regard for law in the mind of the accused/applicant under the mistaken impression that being an advocate, he cannot be arrested.”

Senior Advocates Shri Singh and Jatan Singh with advocates Surabhi Vaya, Gursimran Narula, Nitin Kumar Sharma and Lakshay Chauhan appeared for Yadav.

Advocate Amit Ahlawat appeared for the Delhi Police.

Advocates Abhay Kumar, Pankaj Jaiswal, Shagun Ruhil, Karan Chopra and Rahul Kanojia appeared for the complainant.

[Read Judgment]