Swati Maliwal case: Delhi court grants bail to accused Harish Chander

A Delhi court on Saturday granted bail to the prime accused in the case in which chairperson of Delhi Commission for Women (DCW) Swati Maliwal was allegedly dragged by a car while she was out on her inspection rounds [State vs Harish Chander]..Mahila Court Metropolitan Magistrate at Delhi's Saket Court Complex Sanghamitra while granting bail to Sangam Vihar resident Harish Chander noted that any apprehensions that he might threaten witnesses or tamper evidence was at this stage ipso dixit (unproven). Chander was granted the bail subject to a bond of ₹50,000 along with a surety of the same amount. The Court noted that all the offences the accused was charged with, barring one, were bailable in nature and the punishment for the same was less than seven years."Considering the facts and circumstances of the present case, I am of the view that no useful purpose will be served by keeping the accused behind bars.".Maliwal has alleged she was molested by a drunk man on January 19 and dragged for 10-15 meters by his car outside the All India Institute of Medical Sciences, with her hand stuck in the vehicle's window. The accused was arrested after a criminal complaint was filed for the offences of voluntarily causing hurt, criminal force and words/gestures to outrage a women's modesty, wrongful restraint, and driving under the influence. .The counsel for the accused submitted that Maliwal has falsely implicated him in the case, and had come to the scene with a camera and allegedly asked where he could drop her. Further, the accused drove the car further as he was afraid of being looted. It was pointed out that the police had said that no further custodial interrogation would be required in the case. The counsel for Maliwal argued that the threat the man poses to the national capital's population must be considered. .The judge at the outset stated that bail is the norm and not jail, and the nature of the offence could not be the only factor to consider grant of bail. Further, she stated that the accused is presumed innocent until proven guilty and it would be impermissible to subject him to a premature trial. The Court, therefore, granted bail subject to the conditions that the accused shall not try to contact the complainant, her family, or witnesses, or threaten them or tamper with evidence.The accused was also directed to cooperate with the probe and provide his contact and address details to the investigation officer. .Advocates SK Dhaka, PS Dhaka, Naveen Kumar, Vikas Singh, Aman Panwar and Dev Sejwal appeared for the accused. Additional Public Prosecutor Dishank Dhawan appeared for the Delhi government..[Read Order]

Swati Maliwal case: Delhi court grants bail to accused Harish Chander

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