Delhi court grants regular bail to Swatantra Bhardwaj in the Jantar Mantar assault case.
Bhardwaj was earlier granted three weeks’ interim bail with restrictions on contacting the complainant and witnesses.
The court had earlier flagged gaps in the police investigation into the alleged assault.
A Delhi court on Tuesday granted regular bail to Swatantra Bhardwaj in a case concerning the alleged assault of the father of a student activist during a Cockroach Janta Party (CJP) protest at Jantar Mantar. The order comes after Bhardwaj was earlier granted three weeks’ interim bail, during which the court said his conduct would be considered before deciding his regular bail plea.
Additional Sessions Judge Saurabh Pratap Singh Laler of the Patiala House Court passed the order. The detailed bail order is awaited. The New Indian Express reported that the court had earlier imposed conditions on Bhardwaj, including restrictions on contacting the complainant, his daughter or witnesses and discussing the case on social media or other media platforms.
Regular bail follows interim relief
The court granted Bhardwaj interim bail on September 15 for three weeks. While granting the relief, it said his conduct during that period would be taken into account when deciding his plea for regular bail.
The court directed Bhardwaj not to post, publish or discuss the case, his defence or the complainant’s family on social media or any other media platform. He was also barred from contacting the complainant, his daughter or any witness and from interfering with evidence.
While granting interim bail, the court said bail was an expression of the court’s trust and “not a trophy to be displayed”. It also cautioned Bhardwaj against any public celebration following his release.
The Indian Express reported that the court cited concerns over the safety of the complainant and his minor daughter while imposing the restrictions. It said the duty to protect the victim and the requirement to safeguard personal liberty were best reconciled through interim bail with stringent conditions.
Case concerns alleged Jantar Mantar assault
The case relates to the alleged assault of the father of a student activist during a CJP protest at Jantar Mantar. Bhardwaj was accused of attacking the father during the July protest.
Bhardwaj was arrested by the Delhi Police Crime Branch on September 4 after being picked up from his house in Bulandshahr, Uttar Pradesh. He was brought to Delhi after police secured a transit remand and was subsequently sent to judicial custody.
The FIR initially invoked Sections 115(2) and 126(2) of the Bharatiya Nyaya Sanhita. Sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were later added, according to The Indian Express.
The case drew attention after a video surfaced in which Bhardwaj spoke about the alleged assault. ThThe court considered the material while hearing his interim-bail plea and noted that the authenticity of the podcast material was disputed.
Court had flagged gaps in probe
While granting interim bail, the court raised concerns about the investigation. The Indian Express reported that the court questioned whether investigators had examined the person managing the podcast channel, obtained the original footage or sent the electronic material for forensic examination.
The court also pointed to unanswered questions about CCTV footage from the protest site, recordings made by Delhi Police personnel deployed at the gathering, Bhardwaj’s call detail records and location data, and information from social media service providers.
“The investigation, as disclosed in the reply, leaves significant ground uncovered,” the court said, according to The Indian Express. It also said the podcast formed the central basis of the State’s opposition to bail while its authenticity remained disputed.
The court also considered the allegation of caste-based insult, which it said was raised about 10 weeks after the original complaint. It said the delay did not, by itself, make the allegation false but was relevant at the bail stage.
The court also said public statements about the alleged assault could affect the complainant and witnesses, noting that social media could provide a wider and more permanent means of intimidation.
With Tuesday’s order, Bhardwaj has now been granted regular bail in the assault case. The detailed order is awaited and will set out the conditions attached to his release. The detailed order is awaited and will set out the conditions attached to his release.
