The court’s order comes after the lawyer was taken into custody over an incident where, it is said, two pistols and eight rounds were in a trolley bag at the Tis Hazari complex. The judge made it plain that there was no call for more time in police hands when the case didn’t demand it.
On 23rd May, Judicial Magistrate Preeti Rajoria put her name to the order, acceding to the application from the accused, Harsh. She was firm that his state of mind and whether he was in knowing control of the arms are issues for the trial, not for a bail hearing.
Why the court granted bail
There was no point in having the accused behind bars for judicial custody, the court held. For one, the officer in charge hadn’t put in for any more custodial time, and a good deal of the work on the side of recovery was already in the books.
Here is what the court had in mind:
– The police didn’t ask for more of his time in custody
– The items in question were already in their hands
– Nothing in his past was brought up
– The real points of contention are for the trial to handle
As the magistrate put it, 'bail is the rule and jail is an exception‘ – an old adage she restated. In ruling on the plea, the court made sure it wasn’t wading into the merits of the case.
Arguments and investigation status
Harsh’s side of the story is that he let the trolley be run through the scanner at the gate of the complex, which to them means he couldn’t have been in on it. They say you don’t act like that if you are in conscious possession of a weapon.
The IO, however, says the accused has been of some help, even going with the police to places tied to Ram Singh, another accused who is on the run. The IO told the court they were after judicial remand, not to have him in their custody any further.
Bail terms and restrictions
Harsh will have to put down a bond for Rs 25,000 and find a surety for the same. The judge has set some ground rules to make sure he doesn’t get in the way of the investigation or the evidence.
The usual precautions apply:
– Be there for the investigation when you’re asked
– Keep off the prosecution’s witnesses
– Don’t meddle with the evidence
– You can’t leave the country without the court’s say-so
Step out of line and there will be consequences, the order makes clear. Liberty before the trial is only as good as your willingness to follow the court’s lead for a fair process.
What comes next in the case
It is for the trial court to have the last word on the disputed matters of knowledge and possession, the magistrate was at pains to note. The defence can’t have its way on the issue of awareness at this stage.
The court also put on record that the recovery is a done deal and the legwork around it is finished. The prosecution had nothing to say about any prior history with the law for the accused, an advocate by trade.
In giving him his freedom with some strings attached, the court is pointing the way to the trial ahead. That is where the evidence on the role of the other accused and the like will be put to the test. Since no one is asking for more custodial time, the scales have tipped for release.
With the 23rd May order, the immediate need for custody is over, but the allegations stand. It is a measured approach to pre-trial liberty, one that will wait for a full airing of the facts in open court.
