Delhi Court grants bail to man accused of dragging DCW Chief Swati Maliwal

New Delhi [India], January 21 : A Delhi court on Saturday granted bail to man accused of dragging DCW Chief near the AIIMS on January 19. The bail was opposed by the Delhi police and it was submitted that if this happened to DCW chief, then it can happen to anyone.
Metropolitan magistrate Sanghmitra of Saket District Court granted bail to accused Harish Chander after hearing the submission of Delhi police and counsel for the accused
"I am of the view that no useful purpose will be served by keeping the accused behind the bars," the court said.
The court granted bail to the accused subject to furnishing of a bail bond in the sum of Rs 50,000 with one surety in the like amount.
In the present case, the FIR has been registered under sections 323/354/341/509 IPC and Section 185 Motor Vehicle Act, 1988.
While granting bail, the court said, "No doubt that the nature of accusations is serious and is a relevant consideration at this stage of deciding the application of bail, however, it is not the only test or factor to be considered.
The court observed, it is the basic principle of criminal law that the accused is presumed to be innocent until proven guilty. It would be impermissible for the court, at this stage, while deciding the bail application, to subject the accused to a premature trial.
The court said that in the present case, all the offences barring one are bailable in nature. Further, all the offences are punishable with imprisonment for a term less than 7 years.
During arguments, the court specifically asked the Investigating Officer regarding the need for any custodial interrogation of the accused for the purpose of the investigation to which she has replied in the negative.
The court noted that the accused has no previous involvement in any other offence. Further, the apprehension of the State that the accused might threaten the compliant and the witnesses, and may tamper the evidence, is mere an assertion made not proved.
Even otherwise, this apprehension can be taken care of by imposing reasonable conditions upon him, the court said.
While granting the bail, the court has imposed the condition that the accused shall not commit the offence similar to the offence of which he is accused of. The accused shall not directly or indirectly try to contact, meet or threaten the complainant, her family members or the witnesses in the present case.
The court also directed that the accused shall not make any inducement or cause any threat to any person acquainted with the facts of the case. The accused shall not tamper with the evidence.
That the accused shall join and cooperate in the investigation and shall make himself available as and when asked by the IO, the court further directed.
That the accused shall submit details of all the places of his residence as well as all his contact details to the IO concerned.
It was submitted by the counsel for the accused that the provisions under which the present FIR has been registered are bailable in nature except section 354 IPC. As regards section 354 IPC, it has been submitted that the accused has not assaulted or used criminal force against the complainant, thus, the said section is not attracted against him.
The counsel also submitted that the CCTV footage of the said incident is already uploaded by the complainant on her social media platform. It is clearly seen in the video that she herself had approached the accused and then had gone to the driver's side and tried to pull out his car keys.
It was also submitted, the accused, under the impression that he could be looted by someone, drove the car further. It has been further submitted that this is a staged act performed by the complainant to show her power.
The counsel for the accused also submitted that the evidence in the present matter is already in possession of the complainant and the investigating agency.
The accused has already been interrogated. No further recovery is to be effected from the accused. Further, accused comes from a normal family, has clean antecedents and is ready to join the investigation and undertakes to abide by all the conditions, if any, imposed by the court.
Investigating Oficer/SI Komal has stated in her reply that on January 19, the accused had approached the complainant and asked whether he could drop her. There is an allegation against the accused that he started staring at her and after several minutes, he again approached her. Upon refusal, he started making lewd gestures at her. Further, there is an allegation that he started driving the car while her hand got stuck in the car's window and pulled her along for several metres.
It was further submitted by the IO that accused has been interrogated and statement of the complainant has also been recorded u/s 164 Cr.P.C. It has also been submitted that the investigation in the present case is at the initial stage and there is an apprehension that accused might threaten the victim.
Additional public prosecutor (APP) submitted that the car of the accused has been impounded at the spot. His MLC was conducted which shows he was drunk.
APP further submitted, the complainant holds a constitutional post and was performing her official duty when the alleged incident took place, thus, sections 186 & 332 IPC are also attracted in the present case.
He further submitted that if such incident can happen with the Chairperson of the Delhi commission for Women, it can happen with anyone. Therefore, his impact of release upon the society must also be considered.
APP also submitted that the investigation is it the initial stage and all the public witnesses are yet to be examined. There is an apprehension that the accused might threaten the witnesses.