The Rouse Avenue Court has dismissed the second bail application of Delhi Police officer Subhash Chand in a bribery case. The court held that the apprehension of him influencing witnesses was well-founded, despite the chargesheet being filed.
The Rouse Avenue Court has dismissed the second bail application of Subhash Chand, who has been arrested in a bribery case. He was posted as the incharge of the Narcotics Cell of Delhi Police at Dwarka when he was arrested by the CBI.
Chand has been arrested in an alleged case of demanding a bribe from a person for not implicating him in a narcotics case. The accused sought regular bail on the ground that the charge sheet has been filed he is not required for the purpose of investigation.
Court's Rationale for Bail Denial
Special Judge (CBI) Vijeta Singh Rawat on Wednesday dismissed the second bail application of Chand after hearing the submissions of counsel for the accused and the CBI.
The court said that much emphasis has been laid on the fact that the chargesheet has now been filed and the need for custodial detention for maintaining the integrity of investigation has now ceased. "However, merely filing of chargesheet would not automatically inure in favour of the accused. It is still required to be evaluated whether there is a possibility of witnesses being influenced," the court observed in the order passed on July 29.
The court pointed out, During investigation, it has come on record that the CCTV recordings of the relevant period of the Narcotic Cell, Dwarka could not be recovered."
The court further pointed out that the phone of the accused being used by him could not be recovered. The accused, as an officer of Delhi Police, whether or not under suspension, continues to have an influential position in society. "Therefore, the apprehension that he can influence the witnesses, some of whom are also his colleagues/sub-ordinates, is well founded. Hence, there are compelling reasons to allow continued detention of the accused, and it cannot be said to be punitive," the Special CBI judge held.
Accordingly, in view of the above discussions, the second bail application of the accused stands dismissed, the court ordered.
Arguments During Bail Hearing
During arguments on the bail plea, the counsel for the accused argued that he is innocent and has been falsely implicated in the present case, which is speculative and inferential, founded merely on the allegation of the accused being the incharge of the Anti-Narcotics Cell, Dwarka, where the co-accused were under his supervisory control.
It was further argued that as per the chargesheet, no prima facie case is made against the accused/applicant as the case of the prosecution suffers from inherent contradiction which goes to the root of the allegation of criminal conspiracy, adding that no recovery of bribe money has been made from the conscious possession, custody and personal search of the accused.
On the other hand, Public Prosecutor Vikas Khatri for CBI opposed the bail application and argued that this Court has already opined on the nature and gravity of the offence while deciding the previous bail applications filed by the accused and that of co-accused Ajay Kumar. He also referred to the order of July 1 and submitted that the Court has also observed that mere change of circumstance by filing of chargesheet would not entitle the accused to bail. (ANI)
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