A court here on Saturday grante﷽d bail to a man accused of molesting and dragging DCW chief Swati Maliwal, saying it will be unfair to subject the accused to a premature tr🅰ial at the present stage.
Maliwal had on Thursday alleged that she was molested by a drunk man while she was on an inspection at night, and draggeꩲd by his car for 10-15 metres outside the AIIMS here with her hand stuck in the vehicle's window.
The Kotla Mubarakpur police station registered an FIR and arrested the accused Harish Chander (47), who wꦦas subsequently remanded i🍰n judicial custody.
“...I am of the view that no useful purpose will be🦋 serv𓂃ed by keeping the accused behind the bars. Accordingly, accused Harish Chander is admitted to bail subject to furnishing bail bond of Rs 50,000 with one surety of the like amount…,” Metropolitan Magistrate Sanghmitra said.
Other conditions of t🔯he bail include Chander not committing𒊎 a similar offence, not tampering with evidence, joining investigation as and when required, providing his address and phone number, and not contacting, meeting or threatening the complainant, her family members and other witnesses, directly or indirectly, the court said.
“No doubt that the nature of accusations is serious and is a relevant consideration at this stage of deciding the application of bail, however, it is not the only test or factor to be considered. It is the basic principal of criminal law that the accused is presumed to be innocent until proven guilty and it would be impermiss♒ible for the court, at this stage, wh𓂃ile deciding the bail application, to subject the accused to a pre mature trial,” the court said.
Police said an FIR was registered against Chander under IPC sections 323 (voluntarily causing hurt), 341 (wrongful restraint), 354 (ꦐassault or criminal force to woman with intent to outrage her modesty) and 509 (word, gesture or act intended to insult the modesty of a woman), a♒nd section 185 of the Motor Vehicles Act.
The court said all offences attracted imprisonment of less than seven years and that ex✨cept section 354 of IPC, all offences are bailable in nature.
“During arguments, this court has specifically asked the investigating officer regarding the need of any custodial interrꦿogation of the accused for the purpose of investigation to which she has repꦜlied in the negative and the accused has no previous involvement in any other offence,” the court said.
