New Delhi, Aug 24 A Delhi court on Monday granted regular bail to an auto-rickshaw driver accused of dragging a traffic police constable for a considerable distance after allegedly speeding away when stopped for driving on the wrong side of the road.
Additional Sessions Judge Babru Bhan was hearing a bail petition filed by Rahul Kumar, who was arrested on July 17 in connection with an FIR registered at Khajuri Khas police station. He was booked under provisions of the BNS relating to assault and obstruction of a public servant, rash driving and other offences.
In an order, the court said, "This court would agree with the submissions made by Learned Counsel for applicant/accused that whatever evidence was to be collected from the custodial interrogation of the applicant/ accused must have been conducted by now."
According to the prosecution, the incident took place on July 7 when constable Pramod was on traffic duty and was going towards Ankur Vihar to deposit a seized auto-rickshaw.
The constable noticed another auto-rickshaw coming from the wrong side and intercepted it. He asked its driver, identified as Rahul Kumar, to produce the vehicle documents.
While checking the documents, the constable was holding the iron rod of the auto-rickshaw when the accused allegedly accelerated the vehicle on the pretext of looking for the documents.
The constable did not let go of the iron bar and was dragged by the speeding auto-rickshaw for a considerable distance, suffering multiple injuries, according to the order.
The court noted that Kumar was arrested on July 17 after his anticipatory bail plea was dismissed a day earlier. He was taken into two days' police custody and was subsequently identified by the complainant during a test identification parade.
The defence argued that the accused had remained in judicial custody for more than a month and the evidence required from his custodial interrogation would have already been collected.
It also submitted that all prosecution witnesses were police personnel and Kumar, a poor auto driver, was neither in a position to influence them nor had any reason to threaten them.
The court said that Kumar had remained in judicial custody for more than a month and agreed that the evidence to be collected through his custodial interrogation must have been gathered by then.
It also noted that all prosecution witnesses were police personnel and the accused was not in a position of influence or affluence to coerce or influence them.
The court granted him bail on furnishing a personal bond of Rs 25,000 with one surety of the same amount. He was directed to provide his latest address to the investigating officer, not threaten or influence witnesses and appear before the court on every date of hearing.
