Delhi HC denies bail to Mohd Mubarak, a ‘faith healer’ who raped a minor
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On Wednesday, 6th May, the Delhi High Court denied bail to Mohd Mubarak, a ‘faith healer’ accused of raping a minor girl under the pretext of curing her of evil spirits or a jinn. Justice Swarana Kanta Sharma observed that the accused took undue advantage of the victim's vulnerable physical and mental state, as well as the blind faith her family placed in him.
The case dates back to 2019, involving a minor girl who had suffered from poor health for several years without improvement from medical treatment. Her family, believing she was influenced by a jinn, sought help through jhad-phoonk and eventually approached Mohd Mubarak. The accused reportedly asked the girl inappropriate questions and later visited her home, insisting that he treat her alone.
He said that the girl was under the influence of a jinn and that it would leave her body only through obscene acts. On this pretext, he handed over a bedsheet to her, asked her to remove her undergarments, and thereafter committed sexual assault upon her.
Consequently, he was booked for rape under the Indian Penal Code (IPC) and for offenses under the Protection of Children from Sexual Offences Act (POCSO Act).
In his plea, Mohd Mubarak argued that his imprisonment for over six years infringed upon his rights to personal liberty and a speedy trial. Advocates Sumit Sharma, Narender, and Raju Thakur appeared for him and pointed out that the investigation was complete, the charge-sheet had been filed, and material witnesses had already been examined.
However, the State, represented by Additional Public Prosecutor Naresh Kumar Chahar, opposed the plea by highlighting the seriousness of the allegations and noting that the trial is nearing its conclusion.
Ultimately, the Court rejected the bail application, citing Supreme Court observations that in ordinarily, in offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining the witnesses, the Courts should be loath in entertaining bail applications of the accused. In view of the nature and gravity of the allegations, the material placed on record, and the stage of the trial, this Court does not find any ground for grant of bail to the applicant," the Court ordered.
Justice Sharma concluded that, considering the gravity of the allegations and the current stage of the trial, there were no grounds to release the applicant.