Allegations of Exploiting Minor Under Guise of Spiritual Healing Lead to Bail Rejection
In a significant ruling, the Delhi High Court has rejected the bail application of Mohd Mubarak, accused of sexually assaulting a minor under the pretext of spiritual healing. The decision was rendered by Justice Dr. Swarana Kanta Sharma on April 29, 2026, emphasizing the gravity of the allegations and the advanced stage of the trial.
The case, arising from FIR No. 553/2019 filed at Prem Nagar Police Station, involves serious charges under Section 376 of the Indian Penal Code (IPC) and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The prosecution alleges that the accused, claiming to be a Maulvi and faith healer, exploited the vulnerable condition of the victim and her family's blind faith to commit the crime.
The victim, a minor, had been suffering from health issues for several years, leading her family to seek alternative spiritual remedies. It is alleged that on October 8, 2019, Mubarak, under the guise of treating her possessed state, committed sexual assault. The victim's statement under Section 164 of the CrPC corroborates the prosecution's case, detailing the alleged assault.
The defense argued for bail on the grounds of Mubarak's prolonged custody since October 10, 2019, and the completion of significant trial proceedings. However, the court held that the seriousness of the allegations and the trial's near completion warranted continued custody.
Citing precedents, including the Supreme Court's stance in "X v. State of Rajasthan," the court highlighted the impropriety of granting bail in such serious offences once the trial is underway.
Bottom Line:
Bail application in a case of alleged sexual assault under IPC and POCSO Act rejected due to the gravity of allegations, advanced stage of trial, and material supporting prosecution case.
Statutory provision(s): Indian Penal Code, 1860 Section 376; Protection of Children from Sexual Offences Act, 2012 Sections 4 and 6; Criminal Procedure Code, 1973 Section 164.
Mohd Mubarak v. State (NCT of Delhi), (Delhi) : Law Finder Doc id # 2893895
