File Photo: AAP Legislator Somnath Bharti
An anticipatory bail plea by Aam Aadmi Party (AAP) leader Somnath Bharti, accused of domestic violence by his wife, was today dismissed by a Delhi court which said there was no apprehension of his arrest as no FIR has yet been lodged.
Terming his bail plea as "pre-mature", Additional Sessions Judge Paramjit Singh said Mr Bharti may file a fresh petition for anticipatory bail as and when an FIR is registered in this case.
"In these circumstances, there does not appear to be any reasonable apprehension for arrest of the applicant/accused at this stage and the present application moved on the behalf of the applicant/accused also appears to be pre-mature," the court said.
"It is further stated that even after the registration of the FIR, permission to arrest the accused (Bharti) will be required to be obtained by the investigating officer from the ACP/DCP concerned," it said.
"I am of the considered opinion that the present application under section 438 CrPC for grant of anticipatory bail moved on behalf of the applicant/accused is pre-mature and the same is accordingly dismissed," the judge said.
Last month, the politician's wife Lipika Bharti had filed a complaint with the Delhi Commission for Women accusing him of domestic violence and mental torture since 2010.
Advocate Vijay Aggarwal, who appeared for the former Delhi Law Minister, told the court that his client was apprehending arrest as the matter was pending before the Crime against Women Cell of Delhi Police and FIR could be registered any time.
The prosecutor, however, said that Mr Bharti's apprehension of arrest was "unfounded" as no FIR was lodged yet in the matter.
Soon after the dismissal of his plea, the AAP leader said "my sole purpose was to attract court's attention over the matter so that it could be referred for mediation as the issue revolves around the lives of two infants."
Lipika, who is reportedly living in Dwarka area of South- West Delhi separately for the last three years, has alleged in her complaint, "Me and my children are subject to harassment and torture - mental, physical and oral - by my husband Somnath Bharti... There is a persistent threat from my husband and his supporters."
She had said, "It would be difficult for me to summarise all these.
It's going on for a long time. It has been going on since 2010. I want separation, I want to be out from this marriage. I want to live with dignity with my children. It has been a continuous process which I was going through."
Mr Bharti was the Law Minister during AAP's first stint of 49 days.
He had courted controversy for an alleged crackdown on a prostitution ring in his constituency during his tenure as minister.