Kanjhawla hit-and-drag case: Delhi HC grants bail to two accused

New Delhi [India], August 22 : The Delhi High Court has recently granted regular bail to the accused in the Kanjhawla hit-and-drag case.
These accused were in the car involved in the accident that resulted in the victim's death on January 1, 2023, and have been in custody since then.
While granting bail, the High Court said that, at this stage, it cannot be said that these accused had the intention to cause the accident. Whether they conspired in the offence or not, is a matter of trial.
Justice Amit Mahajan granted bail to Krishan and Manoj Mittal.
"While the nature of the offence is heinous, and the applicants were admittedly passengers of the said vehicle which caused the accident, at this stage, it cannot be said that the applicants had the intention to cause the said accident," justice Mahajan said in the order passed on August 14.
The High Court noted the contention of the applicants's counsels that they had allegedly asked the driver to stop the car.
The bench observed, "The applicants, it appears are sought to be made accused by invoking the provisions of Section 120B of the IPC which makes every person guilty who is part of the criminal conspiracy to commit an offence."
"Whether the applicants conspired with the driver to commit an act which was so imminently dangerous that in all probability would cause death or such bodily injury as is likely to cause death of the victim is a matter of trial," the bench added.
Justice Mahajan held, "It cannot, prima facie, be alleged that solely for the reasons that the applicants were sitting in the same vehicle or were aware that the victim was caught under the vehicle and still the vehicle was being driven, they are guilty of criminal conspiracy. The same would be tested at the time of trial."
The High Court said that the object of Jail is to secure the appearance of the accused during the trial. The object is neither punitive nor preventive and the deprivation of liberty has been considered as a punishment.
However, appropriate conditions ought to be put to allay the apprehension of the applicant tampering with the evidence or evading the trial, the bench said.
The applicants are in custody since January 1, 2023, and the chargesheet has already been filed. On being asked, it is pointed out that only six witnesses have been examined and as yet the trial is not likely to conclude expeditiously, the bench noted in the bail order.
However, the court clarified that In the event of there being any FIR/ DD entry/ complaint lodged against the applicants, it would be open to the State to seek redressal by filing an application seeking cancellation of bail.
Advocate JP Singh appeared for accused Krishan and Advocate Akshay Bhandari appeared for Manoj Mittal.