Tis Hazari Court has granted bail to an advocate who was arrested after two illegal pistols were found in his trolley bag at the court's entry. He claimed ignorance, and the court noted his cooperation with the investigation while granting bail.
These weapons were recovered during the scanning of the trolley bag he was carrying at Tis Hazari Court on May 20. He said that he had no knowledge about the pistols in the bag; he would not have let the trolley go through the scanner.
After registering an FIR in Subzi Mandi Police Station, the police took 2 days remand of Advocate Harsh, a resident of East Kidwai Nagar, New Delhi. Police produced the Harsh before the court and sought Judicial custody. Thereafter, a bail application was filed and argued.
Bail Granted on Rs 25,000 Bond
Judicial Magistrate First Class Preeti Rajoria granted bail to advocate Harsh, subject to furnishing a bail bond of Rs 25000 and one surety in the like amount. "Accordingly, without commenting upon the merits of the case, the present bail application is allowed. Accused Harsh is admitted to bail subject to furnishing of bail bonds in the sum of Rs 25,000 with one surety of like amount," JMFC Preeti Rajoria ordered on May 23.
Court's Rationale for Bail
While granting bail, the court pointed out that it is an admitted position that the recovery has already been effected and the accused Harsh has remained in police custody for the purpose of investigation.
The investigation officer (IO) had himself submitted that the accused had already joined the investigation and had taken the investigating team to various locations of the other co-accused, namely Ram Singh, in connection with the investigation. The court noted that no further police remand of the accused has been sought by the IO, and instead, judicial custody has been prayed for. The accused is stated to be an advocate by profession, and no previous criminal antecedents have been pointed out.
Defense Argues Lack of 'Conscious Possession'
Advocate RS Malik, DK Sharma, Sahil Malik, Vijay Malik and others appeared for Harsh. It was submitted that the accused did not have the conscious possession of the said illegal arms, and the same is reflected in the conduct of the accused.
It was further submitted that if he was aware of the contents of the trolley bag he was carrying on the said date and if he had knowledge or conscious possession of the illegal arms, then he would not have let the trolley bag get scanned at the entry gate of the Court. Rather, he was not at all aware. It has also been submitted that despite the recovery, the accused participated in the investigation and is really willing to join the investigation, as and when he is called upon by the IO. It has been further submitted that the accused is no longer required for further investigation.
Prosecution Opposes Bail
On the other hand, Additional Public Prosecutor (APP) Aman Gaurav opposed the bail application and emphasised the serious nature of the present matter. He argued that the contentions qua knowledge of the accused, as well as the lack of any conscious possession, are both matters of trial and cannot be adjudicated at this stage.
It has been further submitted that the investigation is at a nascent stage, and the requirement of the accused Harsh after apprehension of the co-accused would be necessary.
Court Weighs Arguments
The contention raised on behalf of the accused regarding lack of knowledge and conscious possession cannot be conclusively adjudicated at this stage since they are matters of trial, the court said.
"However, at the same time, the circumstances pointed out by the defence, including the fact that the accused permitted the trolley bag to undergo scanning at the Court entry gate, are relevant circumstances which cannot be completely ignored at this stage of consideration of bail," the court observed. (ANI)
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