Delhi’s Patiala House Court on Tuesday granted regular bail to Swatantra Bhardwaj, who was arrested in connection with an alleged assault on a Scheduled Caste man during a protest at Jantar Mantar on June 23.
Additional Sessions Judge Saurabh Pratap Singh Laler granted Bhardwaj regular bail after the court found that he had not violated the conditions imposed while granting him interim bail. A detailed order is awaited.
The case concerns allegations that Bhardwaj and others assaulted Sanjay Azad, who belongs to the Scheduled Caste community, during a protest organised by the Cockroach Janta Party (CJP).
Court Had Earlier Granted Three-Week Interim Bail
On September 15, the court had granted Bhardwaj three weeks of interim bail, subject to strict conditions. The court had directed that his conduct during the interim period would be considered before deciding his plea for regular bail.
Bhardwaj was required to furnish a bail bond of Rs 50,000 along with a surety of the same amount.
He was barred from making or sharing any statement, comment, video, podcast, interview, reel or post concerning the case, his defence, or the complainant and his family on social media, electronic or print media, or any other public platform.
He was also prohibited from contacting the complainant, his minor daughter, family members or prosecution witnesses, directly or indirectly, and was directed not to threaten, induce or influence them.
The court had said that public displays concerning a criminal case could undermine public confidence in the administration of justice. Referring to a Supreme Court ruling, it observed, “Bail is an expression of the Court’s trust, and it is not a trophy to be displayed.”
Court Had Raised Questions Over Police Investigation
While granting interim bail, the court had also pointed to several gaps in the investigation by Delhi Police.
It directed the investigating officer to collect and preserve CCTV footage from the Jantar Mantar protest site, including footage from the area where the alleged assault took place. Police personnel deployed at the protest were also directed to preserve any photographs, videos or surveillance material they had recorded.
The court further directed the police to obtain and analyse Bhardwaj’s call detail records and tower location data from the beginning of the protest until his arrest.
It also asked investigators to obtain subscriber details, upload logs, IP addresses and original files from social media platforms and to examine the person who operated the channel from which a podcast relied upon by the prosecution had emerged.
The court ordered forensic examination of the pen drive, podcast and videos relied upon by both sides to determine whether the material was genuine or had been morphed or artificially generated.
The investigating officer was also directed to identify the persons behind threatening messages allegedly received by the complainant and his minor daughter and determine whether they were connected to Bhardwaj.
SC/ST Act Provisions Added Later
According to the prosecution, the complainant had gone to Jantar Mantar with his daughter and a friend to participate in the protest. An altercation allegedly began after someone objected to him recording a video.
The prosecution alleged that Bhardwaj and his associates surrounded and assaulted him with fists and a hard object resembling a kada. The complainant reportedly suffered two lacerated wounds to his head.
The FIR was initially registered under provisions of the Bharatiya Nyaya Sanhita relating to hurt and wrongful restraint. Bhardwaj was not arrested at that stage and joined the investigation after receiving a notice.
However, on September 4, the complainant submitted a supplementary statement stating that he belonged to a Scheduled Caste and alleging that caste-based derogatory remarks had been made against him and his minor daughter.
Following the supplementary statement, provisions of the SC/ST (Prevention of Atrocities) Act and additional BNS sections were added to the case. Bhardwaj was subsequently arrested and remanded to judicial custody.
Bhardwaj had also challenged his arrest and continued detention before the Delhi High Court through a habeas corpus petition. The High Court dismissed the plea after the Delhi Police told the court that the FIR under which he had been arrested had not been quashed by the Supreme Court.
The regular bail application before the Patiala House Court arose from the same proceedings.
The Delhi Police had submitted a status report before Tuesday’s hearing, including CCTV footage collected during the investigation. The court’s detailed order on the regular bail conditions is awaited.
