New Delhi: In a big jolt to controversial AAP leader Somnath Bharti, who is facing a domestic violence case, the Delhi police on Friday informed the High Court that a medical report has opined that the scars on his wife's body were "due to dog bites and burn injuries".
The investigators also alleged before Justice I S Mehta that Bharti, former Law Minister, used to harass and beat his wife Lipika Mitra, who has sought cancellation of his bail in a domestic violence case lodged by her.
The MLA, who was granted bail on October 7, 2015 after being in jail for eight days, has denied the allegations levelled against him by his wife. His counsel today told the court that they would like to file a rejoinder.
The police, which has filed its affidavit following the court's direction, also submitted in the court orally that an "AIIMS medical board has opined that the scars on the woman's body were due to dog bites and burn injuries".
The investigators had on April 5 last year filed the charge sheet in the case, mentioning that the woman had made an allegation that Bharti had endangered the life of an unborn child which she was carrying by unleashing his dog on her.
The police said "the AIIMS medical board had examined six photos, which are concerned with the treatment history of dog bite, prescribed by Ayushman hospital (in Dwarka) here.
"We are also of the opinion that the scar marks could be due to consequences of dog bite injuries," the police said in its affidavit. It also claimed that some of the injury marks were "due to burns."
In its affidavit, the police said "Somnath Bharti used to harass, beat and abuse the petitioner (wife) from the very beginning of the marriage, despite having knowledge about her frail health conditions.
"The medical record produced by the petitioner (wife) was examined and verified and it shows that she was suffering from diabetes and hypertension at the time of pregnancy."
It claimed there was sufficient evidence on record for alleged offences for attempt to murder, act done with intent to prevent child being born alive or to cause it to die after birth, causing hurt by dangerous weapons or means against the MLA from Malviya Nagar assembly.
Further, the police said there was a case of alleged dowry harassment and criminal breach of trust alongwith the charge of cheating and criminal intimidation against him under the Indian Penal Code.
Lipika had moved the high court challenging the bail order, saying it was almost like a verdict and the trial court had relied on the case diary which allegedly should not have been done at that stage.
Bharti's wife had on June 10, 2015 lodged a complaint against him with the Delhi Commission for Women and an FIR was lodged by the Delhi Police on September 9, 2015 for allegedly subjecting her to domestic violence and trying to kill her.
The AAP leader was arrested in the wee hours of September 29, 2015 after the Supreme Court had ordered him to surrender but was granted bail on October 7, 2015.
Police also informed the court that it has filed a charge sheet in the matter before the trial court, which has taken cognisance of the matter and posted it for hearing on May 20.
Taking on record the affidavit filed by the police, the high court then posted the matter for hearing on October 24.
The woman's counsel Rahul Kumar urged the court to list the matter for early hearing saying it has already been delayed for over one year.
The trial court had granted bail to Bharti on the ground that he was no longer required for investigation and had observed that since he was a member of Delhi Assembly, there was no ground of apprehension that he may flee abroad.
However, the trial court had imposed several conditions on him, including that he would not leave Delhi without its prior permission, not tamper with evidence and join the probe as and when required.
On September 22, 2015 the high court had rejected Bharti's plea for anticipatory bail, observing that the allegations against him were backed by "documentary proof".