New Delhi: A Delhi court Tuesday granted regular bail to self-styled ‘Hindutva influencer’ Swatantra Bhardwaj in a case related to alleged assault of the father of a Dalit student-activist during the Jantar Mantar protest in July.
Additional Sessions Judge Saurabh Pratap Singh of the Patiala House Court granted the relief after noting that Bhardwaj had not violated conditions imposed when he was given three weeks’ interim bail on 15 September.
Bhardwaj was arrested from Bulandshahr, Uttar Pradesh on 5 September in connection with the alleged assault during the Cockroach Janta Party-led protest in Delhi on 23 July. He was in judicial custody before the court granted him interim relief.
The case was initially registered under provisions of the Bharatiya Nyaya Sanhita (BNS) relating to causing hurt and wrongful restraint. Bhardwaj was not arrested at that stage and had joined the investigation after receiving a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita.
The case later attracted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 after the complainant, in a supplementary statement, said he belonged to a Scheduled Caste and alleged that caste-based remarks had been made against him and his minor daughter. Relevant provisions of the SC/ST Act and an additional BNS offence were subsequently added, following which Bhardwaj was arrested.
In another FIR, sections of Protection of Children from Sexual Offences (POCSO) Act, 2012, and criminal intimidation were added based on the protester’s complaint alleging she had received rape threats from Bhardwaj’s supporters.
Gaps in investigation
In granting interim bail, the court had raised questions about several aspects of the investigation and directed the investigating officer to submit a status report.
Among the issues flagged were surveillance footage from the protest site, recordings made by Delhi Police personnel, call-detail records and location data, material from social media platforms and statements of witnesses. The court had also directed the police to examine the authenticity of videos and a podcast relied upon in the case and to obtain forensic examination wherever necessary.
The interim bail order had imposed stringent restrictions on Bhardwaj. He was barred from making or sharing public statements, social-media posts, interviews, podcasts or other material concerning the case, his defence or the complainant and his family.
He was also directed not to contact the complainant, his minor daughter, family members or prosecution witnesses, or attempt to threaten or influence them.
While granting the earlier relief, the court had said that the complainant’s safety and the accused’s right to personal liberty had to be balanced. It observed that the allegations concerning the June incident had to be decided in court on the basis of evidence, rather than through public statements or social media.
The court had also referred to a Supreme Court ruling concerning a murder accused who allegedly celebrated his release with a victory march, observing that “bail is an expression of the court’s trust, and it is not a trophy to be displayed”.
With Tuesday’s order, Bhardwaj will now remain out of custody on regular bail. The detailed order is expected to clarify the court’s reasoning and the conditions attached to the relief.
Aditya Edara is an alum of ThePrint School of Journalism, currently interning with ThePrint.
(Edited by Nardeep Singh Dahiya)