Delhi High Court grants bail to person arrested for driving with traffic constable on car bonnet after jumping red light
Delhi traffic policeman being dragged on bonnet of a car- Image for representational purpose

Delhi High Court grants bail to person arrested for driving with traffic constable on car bonnet after jumping red light

The driver claimed that in his nervousness, he pressed the accelerator instead of the brake and the vehicle sped forward.

The Delhi High Court recently granted bail to a person who after jumping a red light, dragged a traffic constable on the bonnet of his car for about 100 metres (Vaibhav Malhotra v. State).

The order was passed on December 18 by a Single Judge Bench of Justice Vibhu Bakhru.

As per the prosecution case, on September 11, a Maruti Brezza car approached from the wrong side and jumped the red light at Paschim Vihar, Delhi.

When the traffic constable on duty endeavoured to stop the vehicle by signalling, the bail applicant, Vaibhav Malhotra, accelerated the vehicle to flee from the spot.

With the traffic constable clinging on to the bonnet, the bail applicant drove the vehicle for about 100 metres, the prosecution alleged.

Subsequently, an FIR was registered under Section 307/186/353 of the Indian Penal Code, 1860 and the bail applicant was arrested. A chargesheet was also filed November 2020.

Initially, the bail applicant maintained that he was not driving the vehicle. However, before the High Court, the bail applicant confessed that he was "ill-advised" and that he was driving the vehicle at the relevant time.

He explained that he had mistakenly jumped the red light and since he was learning how to drive, he was not adept at handling the vehicle.

Stating that there was no intention to cause any injury or harm, it was added that when the traffic constable signalled him to stop, he became nervous and pressed the accelerator instead of the brake.

Considering that investigation in the case was over and there was nothing on record to suggest that the bail applicant was a flight risk or that he would influence any witnesses or tamper with evidence, the Court considered it apposite to release him on bail.

"At this stage, there is no requirement to place the applicant in custody," the Court opined.

The Court noted that although the bail applicant had admitted to the material facts as alleged by the prosecution, it was not required to evaluate the merits of the defence at this stage.

As per the order, bail is subject to a personal bond in the sum of Rs 25,000 with one surety of the like amount. The other conditions imposed on the bail applicant include his being available on his phone number at all times and not leaving the National Capital Territory of Delhi.

The bail applicant was represented by Advocate Jai Anant Dehadrai, who was assisted by Advocates Sidharth Arora and Arnav Sinha.

State was represented by APP Ravi Nayak.

[Read order]

Vaibhav Arora vs State Order dated 18.12.2020.pdf

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