X (CHANGED NAME) Vs. STATE & ANR.

JUDGEMENT

(1.) Present petition under Sec. 439(2) read with Sec. 482 Crimial P.C. has been filed by the victim 'X' (changed name) assailing the legality and correctness of an order dated 21.03.2015 and for cancellation of anticipatory bail granted to the respondent No. 2 (hereinafter referred 'The accused') in case FIR No. 52/2015 registered under Sections 354/354A/354D/506 Penal Code at PS Lodhi Colony. The petition is contested by the accused. Status report has been filed by the State.

(2.) The facts material for adjudication of the petition as stated in the petition are that 'X', Research Analyst in the office of the accused at The Energy & Research Institute (In short 'TERI') since Sept., 2013 filed a complaint with the Internal Complaints Committee on 09.02.2015 complaining sexual harassment by him. After that, she was subjected to even more harassment; there were repeated attempts by the accused to call her to his office; meet her alone and talk to her. She lodged complaint with the police on 13.02.2015 against the accused for having committed various offences including that of sexual harassment but it did not register the FIR promptly. After the article regarding her complaint was carried out by the Economic Times, New Delhi on 18.02.2015, the police lodged the FIR. The accused was not only capable of exercising influence and tempering with the evidence but he actually influenced the witnesses and tampered with the evidence.

(3.) It is further averred that on 26.02.2015, Investigating Officer opposed the grant of anticipatory bail/interim protection to the accused as he had the potentiality to exercise extreme influence over the witnesses. Since the accused was working as Director-General of TERI for the last about 34 years, he had complete control over all the electronic devices and computers. It is further averred that application dated 18.02.2015 for early hearing filed by State was taken up on 21.03.2015 after notice to the accused. Though 21.03.2015 was a date only for hearing the application for early hearing, the learned Trial Court granted anticipatory bail to the accused with certain conditions incorporated therein.