HC grants bail to person accused of speeding away with constable on car bonnet

Justice Subramonium Prasad said that no useful purpose would be served by keeping the accused, an engineering graduate, in further custody and directed that he be released on furnishing a personal bond in the sum of Rs 75,000 with two sureties of the like amount.

The Delhi High Court has granted bail to a person accused of hitting a police constable with his car and speeding away with him on the bonnet, saying that the investigation in the case is almost complete and he would not be able to influence the police witnesses. Justice Subramonium Prasad said that no useful purpose would be served by keeping the accused, an engineering graduate, in further custody and directed that he be released on furnishing a personal bond of Rs 75,000 with two sureties of the like amount. “A perusal of the site map shows that the petitioner hit the victim and drove a considerable distance before stopping the vehicle as another car came in front of him from the other side. The site map shows that the petitioner was not driving on the straight road but took at least four turns before stopping the vehicle.

''Be that as it may, the investigation is more or less complete. Most of the witnesses are police witnesses and their statements have been recorded. The charge sheet will be filed on or before 10.10.2021,” the judge said in his order dated September 27. The court added that the “Supreme Court has laid down several times that a man is innocent until he is found guilty and bail rules while jail is an exception” and therefore, the accused cannot be kept behind bars only on account of being accused of committing an offense of attempt to murder. “No doubt the petitioner is charged with an offense under Section 307 IPC and if convicted, the petitioner may be sentenced for life, but that alone cannot be a factum to keep the petitioner in incarceration,” the order said. “The petitioner is an engineering graduate having roots in the society. Because of the above, this Court believes that no useful purpose would be served in keeping the petitioner in custody,” it added. The judge directed the accused to not leave the city without the court's permission or tamper with evidence and try to influence the witnesses.

The accused shall also report to the concerned Police Station twice a week, give all his mobile numbers to the Investigating Officer and keep them operational at all times, the court said.

As per the FIR, the complainant, a head constable, along with two others, was carrying out routine checking on a road on June 22 this year when the accused refused to stop his white car, having tinted glasses, despite being signaled to do so. The complainant claimed that he tried to stop the car from the front and he jumped on the bonnet of the car but the accused did not stop the car. It was stated that the complainant held on to the car wipers and fell on the road when the accused applied brakes on account of another car came from the opposite side. The accused surrendered in July 2021 and sought his release on the ground that since the investigation was over, no useless purpose would be served in keeping him in custody. The prosecution opposed the release of the accused because of the gravity of the offense.

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