Swati Maliwal dragging case: Delhi Court grants bail to accused

The court also pointed out that, as per the cops, there is no need for any custodial interrogation of the accused for the investigation.
Delhi Commission for Women (DCW) chairperson Swati Maliwal. (File Photo | PTI)
Delhi Commission for Women (DCW) chairperson Swati Maliwal. (File Photo | PTI)

NEW DELHI: A Delhi court on Saturday granted bail to the accused, Harish Chander, who was arrested in connection with the alleged molestation incident involving the Delhi Commission for Women chief Swati Maliwal, who, claimed that she was "molested" and "dragged by a car" in the national capital.

47-year-old Chander, a resident of Sangam Vihar in the city, was granted bail on a bond of Rs 50,000 along with a surety of the same amount by the Mahila Court Metropolitan Magistrate Sanghmitra of Saket Court noting that all the offences he was charged with, barring one, were bailable in nature and its punishment is less than seven years.

"No doubt that the nature of accusations is serious and is a relevant consideration at this stage of deciding the application of bail, however, it is not the only test or factor to be considered. It is the basic principle of criminal law that the accused is presumed to be innocent until proven guilty.." the order noted.

The court also pointed out that, as per the cops, there is no need for any custodial interrogation of the accused for the investigation. It also said that the apprehension of the prosecution that the accused would threaten Maliwal and other witnesses, in this case, was “mere ipse dixit (an assertion made but not proved).”

"The accused has no previous involvement in any other offence." it was noted.

Maliwal alleged that she was "molested" and "dragged by a car" for several meters near the AIIMS in the wee hours of Thursday when she was out to inspect the dark spots of the national capital. She claimed the accused had made "lewd gestures" towards her and beckoned her to sit inside his vehicle. When the DCW chief reprimanded him, the man allegedly went away but returned a short while and again repeated his actions, police said.

In his bail application, the accused claimed that he was present at the incident to check the law and order situation. The bail application further stated that Maliwal was accompanied by her cameraman and that she herself approached the accused and asked him as to where would he drop her. "It is clearly seen in the video that she herself had approached the accused and then had gone to the driver's side and tried to pull out his car keys."

Chander's counsel argued that his client was under the impression that he could be looted by someone and drove the car further.

On the other hand, Investigating Officer submitted that there is an allegation against the accused that he started staring at her and after several minutes, he again approached her. Upon refusal, he started making lewd gestures at her. There is an allegation that he started driving the car while her hand got stuck in the car's window and pulled her along for several meters.

Related Stories

No stories found.
The New Indian Express
www.newindianexpress.com