New Delhi [India], May 27 (ANI): Delhi’s Tis Hazari Court on Monday granted bail to a man accused in the Delhi police constable hit-and-drag case that took place in the Nangloi area in September 2024. Constable Sandeep Malik had succumbed to his injuries.
An FIR was registered at the Nangloi police station, and a charge sheet has already been filed. The accused was arrested on September 29, 2024.
Additional Sessions Judge (ASJ) Hemraj granted bail to the accused, Rajnish alias Sitto, after considering the submissions and facts of the case.
While granting bail to Rajnish, the court said, “He was not furnished the grounds of arrest by the Investigating Officer, which made his arrest illegal.”
The court further noted that although the arrest memo of Rajnish shows that the reasons for arrest were mentioned, the grounds for his arrest were not specified.
The court clarified that the reasons for arrest and the grounds for arrest are two distinct legal requirements.
“In view of the settled propositions of law, this court believes that the constitutional mandate while arresting the accused was not followed and his arrest was not in accordance with law. Therefore, the accused is entitled to be released on bail,” the court said.
“Accordingly, the accused/applicant is admitted to regular bail on furnishing a personal bond of Rs 1 lakh with two sureties of like amount,” the court ordered on May 26.
According to Delhi Police, on the night of September 29, 2024, Constable Sandeep Malik was on night duty when he saw Rajnish and Dharmendra consuming alcohol in a car. He stopped them from drinking, after which an altercation ensued. It is alleged that the accused persons hit the constable’s bike and dragged him for up to 10 metres, causing grievous injuries to his head and other body parts.
Advocate Ashutosh Bhardwaj, appearing for Rajnish, argued that his client has been in judicial custody for the past seven and a half months. He also submitted that the charge sheet has already been filed and that Dharmendra, the co-accused, was granted bail on May 19.
He further argued that it was a case of a road accident, which is evident from CCTV footage.
On the other hand, the bail plea was opposed by the public prosecutor, who contended that there were serious allegations against the accused. The prosecutor argued that Rajnish may tamper with evidence, influence witnesses, or even flee from justice. (ANI)
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