Delhi High Court Denies Bail to Faith Healer Accused of Raping Minor Under Pretext of Curing 'Evil Spirits'

New Delhi: The Delhi High Court has dismissed a bail application filed by a self-proclaimed faith healer (maulvi) accused of raping a minor girl under the guise of curing her of evil spirits. Justice Swarana Kanta Sharma observed that the accused took undue advantage of the victim's vulnerable physical and mental condition, as well as the blind faith reposed in him by her family.

Background of the Case
According to the prosecution, the case dates back to 2019. The prosecutrix had been suffering from a prolonged illness. When her health did not improve despite medical intervention, her family approached the accused, Mohd. Mubarak. The accused allegedly isolated the minor during the spiritual healing process, telling the family that she was possessed by a jinn that could only be exorcised through "obscene acts." He then handed over a bedsheet, instructed her to remove her undergarments, and sexually assaulted the victim.

Following the incident, criminal proceedings were initiated against the accused. He was booked for rape under the Indian Penal Code (IPC) and for offenses under the Protection of Children from Sexual Offences (POCSO) Act.

Arguments and Court's Reasoning
Counsel for the applicant sought bail, pointing out that the accused had already spent over six years in judicial custody. The defense argued that the prolonged incarceration infringed upon the applicant’s right to personal liberty and a speedy trial. They further contended that the investigation was complete, the charge-sheet had been filed, and all key material witnesses had already been examined before the trial court.

Opposing the bail application, the State argued that the allegations against the accused were of a grave and serious nature. The prosecution contended that no ground for bail was made out, particularly since the trial was nearing its conclusion.

The High Court accepted the State's contentions. Justice Sharma emphasized the exploitative nature of the crime, noting that instead of providing help, the accused misused the trust of the vulnerable girl and her family. Furthermore, the Court cited Supreme Court precedents, reiterating that courts must exercise extreme caution when considering bail in heinous offenses—such as rape and POCSO violations—once the trial has commenced and prosecution witnesses are being examined.

Consequently, finding no merit in the application given the nature and gravity of the offense, the Delhi High Court dismissed the bail plea.

Discription: The Delhi High Court has denied bail to a maulvi accused of raping a minor girl under the pretext of curing her of evil spirits. The incident dates back to 2019, when the victim's family sought the accused’s help for her prolonged illness. The Court noted that the accused took undue advantage of the victim’s vulnerability and abused the family's blind faith.

The defense sought bail, citing over six years of judicial custody and the advanced stage of the trial. However, the State opposed the plea due to the grave nature of the offense. Citing Supreme Court precedents, the High Court held that discretionary bail should not be entertained in heinous offenses once the trial nears its conclusion.