Delhi HC grants bail to fugitive criminal accused of raping a minor in US

New Delhi [India], August 2 : The Delhi High court has granted bail to a fugitive criminal (FC) facing extradition inquiry for alleged rape of a minor in the USA in 2005.
His extradition request is pending before a Delhi court. He was arrested from Agra on the inputs of US police through Interpol. He was on the run from the law for last 17 years.
Justice Swarana Kanta Sharma on Tuesday granted bail to Ratnesh Bhutani imposing strict conditions.
"It is directed that in case the applicant herein will diligently not attend the proceedings before the learned Trial Court dealing with extradition proceedings or will seek unnecessary adjournments for the purpose of delaying the proceedings, it will become a ground for cancellation of bail," Justice Sharma said in order passed on August 1.
The High Court has also directed the trial court to expedite conclusion of extradition proceedings preferably within six months.
The High Court while granting bail noted that the applicant has been staying in India since the year 2007. He has already remained in judicial custody for about 5 months, and has also been out on interim bail from time to time, primarily on the grounds of ill-health of his parents.
During this period, there have been no reports of violation of any conditions by the applicant or that he had misused the liberty granted to him, and the applicant had duly surrendered on the expiry of the interim bail, the court further noted.
The bench said that a perusal of record reveals that the offences for which the accused has been charged in the USA are bailable offences as per the California Penal Code and do not require applicant's continued incarceration.
The Superior Court of Country and Orange, State of California, USA had also issued a warrant of arrest of the applicant with bail amount set at USD 30,00,000, in the year 2012, it added.
"It is also not in dispute that the allegations in the present case, leveled by the complainant, relate to the year 2004-2006 and initially, the complainant had lodged the complaint with the concerned Police department in the USA on five counts (allegations) in the year 2007, which later was modified to 7 counts in the year 2012," Justice Sharma observed.
The FC has moved a plea through advocate Arpit Batra seeking regular bail in the matter.
Senior advocate Mohit Mathur and advocate Arpit Batra on behalf of petitioner, argued that the complainant had initially lodged a complaint with the concerned police in California in the year 2007 on allegations of molestation by charging the applicant on 5 counts.
However, it is stated that, in the year 2012, the said complaint in relation to charges of molestation had aggravated to a case of forcible rape, only after which the proceedings were initiated in USA and warrant of arrest of the applicant was issued on 05.04.2012, the counsels argued. 
It was submitted that the alleged offences in the present case are all bailable offences under California law and even settlement for the same is permissible.
It was also argued that in cases of extradition, the Courts in India will also have to examine the gravity of offence, in light of penal provisions of the foreign country.
It was also argued that the documents on the basis of which the present complaint has been lodged and extradition of the applicant has been sought have not been provided to him before the concerned Court and unless he is provided with these documents, he can't be extradited as per law.
On the other hand, Anil Soni standing counsel appearing for Union of India and Special Public Prosecutor Rekha Pandey opposed the bail application.
They submitted that the present proceedings are governed by Extradition Act and as per Section 25 of the Act, normal provisions of CrPC have to be applied while deciding the bail application.
It was stated that the complainant had told her school counselor in the year 2007 that she had been sexually abused by the present applicant. It was stated as the allegations in the present case relate to those under POCSO Act.
They also stated that despite being aware of the pendency of extradition inquiry, the arrest
warrants had remained unexecuted for about 2 years as the applicant was not found at his address.
The applicant is wanted to stand trial in USA for offences relating to sexual assault of a child. A criminal complaint on 27.04.2007 and amended criminal complaint on 04.05.2012 filed before the Superior Court of County Orange, State of California, USA for the offences punishable
under Sections 289(a)(1), Section 286(b)(2), Section 288(c)(1) and Section 261(a)(2) of the California Penal Code. 
On 05.04.2012, the Superior Court had issued a warrant of arrest against the applicant. Pursuant to receipt of extradition request, the Ministry of External Affairs had examined the matter and passed an order on 21.09.2020 under Section 5 of the Extradition Act requesting the learned ACMM to enquire into the extradition request as to the extraditibility of the applicant with respect to alleged offences.
Thereafter, the present complaint was filed before the Court of learned ACMM on 09.12.2020 requesting the Court to conduct enquiry under Extradition Act, after which, the court had issued warrant of arrest of the applicant.
Subsequently, on 16.09.2022, the present applicant was arrested from Agra and thereafter his regular bail application was dismissed on 13.10.2022.