New Delhi, Mar 6 (UNI) A Delhi court on Thursday dismissed the bail application of a person allegedly involved in attacking a police officer who refused to allow playing of DJ at 2:50 am.
In this matter a First Information Report (FIR) was registered under sections 221 (obstructing a public servant on duty), 132 (assaulting or using criminal force against a public servant) and 121 (intentionally causing harm to a public servant on duty) of the Bharatiya Nyaay Sanhita (BNS) was registered by Gulabi Bagh Police Station in the Central District of Delhi.
Additional Session Judge (ASJ) Shilpi Jain after hearing arguments on behalf of Prosecution and Defence Counsel said considering the gravity of offence, the seriousness of the allegations levelled against the applicant/accused and the fact that the investigation is at an initial stage, the court was not inclined to enlarge him on bail at this stage.
The judge also said there was apprehension that the applicant-accused can extend threat and may influence the witnesses/complainant and can tamper with evidence on being released.
The judge found force in the submissions made by the prosecution and dismissed the application.
Counsel for the accused submitted that his client is in judicial custody since February 18 and has been falsely implicated in the present case by the police authorities as it was the function of marriage of the accused/applicant where the alleged incident took place.
He submitted that as per the contents of FIR, one CCL namely ‘D’ hit complainant ASI Ravinder with a stone and the accused/applicant did not hit him. He submitted that the accused got married on February 17 and he was arrested the very next day.
The defence lawyer also submitted that certain rituals pertaining to the marriage of the accused/applicant is still pending and said the accused is ready to cooperate in the investigation. he argued that no fruitful purpose will be served by keeping the accused under judicial custody and hence he should be granted bail.
The Government Counsel opposed the bail application and submitted that the police officer Ravindra was hit on the head with a stone due to which he became unconscious. He pleaded that the investigation in the present case is still pending and opinion regarding the nature of injury is yet to be obtained.
He also claimed that there is apprehension that the applicant would hamper the investigation and influence the witnesses on being released. He surmised that on these grounds the bail application should be dismissed.
The Court after dismissing the bail application said, "The investigation in the present case is still going on and the charge sheet is yet to be filed. Granting bail to the accused/applicant at this stage may defeat the purpose of law". UNI XC SSP