A Delhi court has granted regular bail to an accused allegedly involved in a complex conspiracy spanning over two decades, observing that continued incarceration at the present stage of trial would serve little purpose. The court emphasised that while the allegations are grave, prolonged pre-trial detention cannot be justified solely on the seriousness of the charges.

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Bail Granted with Conditions

The order was passed by the Court of Judicial Magistrate First Class (JMFC), Patiala House Courts, which allowed the third bail application filed by the accused, who has been in custody since September 29, 2023, amounting to over two years and five months. The court directed that the accused be released on bail upon furnishing a personal bond of Rs 1 lakh along with two sureties of the like amount. It imposed stringent conditions, including mandatory court appearances, weekly reporting before the Crime Branch, restriction on leaving Delhi without prior permission, and prohibition on influencing witnesses or interfering with ongoing investigations.

Court Hears Opposing Arguments

Appearing for the State, Additional Public Prosecutor Dhirender Kumar Yadav opposed the bail plea, arguing that the accused was a habitual offender who had evaded law enforcement for nearly two decades by allegedly faking his own death and living under a false identity. It was also contended that he posed a serious flight risk and had been involved in multiple FIRs, including serious offences.

On the other hand, counsel for the accused, Ravi Drall, argued that the investigation was complete, charges had been framed, and the case had already progressed to the stage of prosecution evidence. It was further submitted that all remaining evidence is documentary in nature and that no further custodial interrogation was required. The defence also highlighted the accused's advanced age, serious cardiac ailments, and the fact that his wife is undergoing cancer treatment.

Court's Rationale: Liberty Overrules Gravity of Charges

While acknowledging the gravity of allegations which include a purported conspiracy involving murder, impersonation, and fraudulent financial gains, the court held that "gravity alone is not determinative" for denying bail. It relied on settled legal principles that stress the importance of personal liberty and the need to avoid indefinite pre-trial detention.

The court also noted that the chargesheet and supplementary chargesheet had already been filed, charges framed, and the matter had reached the stage of prosecution evidence. It was observed that most witnesses are either police officials or public witnesses, reducing the likelihood of tampering.

Importantly, the court considered the principle of parity, noting that co-accused persons, including the accused's wife, had already been granted bail earlier. It held that continued custody of the present accused for a longer duration without specific justification would be difficult to sustain in law.

Balancing all factors, including the period of custody, medical condition, stage of trial, and safeguards against absconding, the court concluded that the "balance of justice tilts in favour" of granting bail, subject to strict conditions. The court clarified that its observations are limited to the adjudication of the bail application and shall not influence the merits of the trial, which is to proceed expeditiously.

Background of the Case

In 2023, the Delhi Police Crime Branch arrested the accused, a former Navy employee, who had allegedly been living under a false identity for nearly 20 years. He was residing with his family in the Najafgarh area at the time of arrest.

The prosecution alleges that he faked his own death by orchestrating a deadly incident involving two labourers and subsequently evaded law enforcement while financial benefits were allegedly drawn using a forged death certificate. (ANI)