Delhi Court Grants Bail to Man Accused of Assaulting Cop in Chander Vihar
A Delhi court has granted bail to a man accused of assaulting a police constable on emergency PCR duty near Chander Vihar, citing discrepancies in video evidence and an unexplained delay in registering the FIR.
Additional Sessions Judge Munish Bansal granted bail to Vipanshu Rana in an order dated August 25. Rana was arrested under provisions of the Bharatiya Nyaya Sanhita, including charges related to assaulting or obstructing a public servant.
According to the prosecution, the incident occurred on the intervening night of May 12 and May 13. Constable Saurav Kumar was on emergency PCR duty when he responded to a call regarding a quarrel. Upon reaching the scene, he was informed that two men on a Jupiter scooter had assaulted the caller and customers. The constable pursued the two men and intercepted them near the Baba Balaknath temple in Chander Vihar. The prosecution alleged that the men refused to identify themselves, abused and assaulted the constable, tore his uniform, and fled while making threats.
However, the court pointed out several significant inconsistencies in the prosecution's claims. Judge Bansal observed that the video footage relied upon by the prosecution did not reveal the presence of a co-accused, Raghav, at the scene of the incident. Furthermore, the scooter allegedly used during the offence had not been recovered, and the court questioned why the police officer failed to note down its registration number during the chase.
The court also noted that video footage presented by the defence showed the complainant beating Rana with a wooden plank, a crucial detail that was completely absent from the FIR's account of the altercation.
The judge raised serious concerns regarding the timeline of the investigation. While Constable Kumar underwent a medical examination at around 5:30 am on May 13, the FIR was not registered until 4:55 pm on May 14.
The court noted that the investigating officer and the prosecution had utterly failed to explain the unexpected delay in lodging the FIR, especially given that the complainant was himself a police officer.
Clarifying that it was not conducting a detailed fact-finding exercise at the bail stage, the court ruled that the circumstances on record could not be overlooked. Rana was granted bail upon furnishing a personal bond of Rs 25,000 with a surety of the same amount, subject to conditions that he appear before the trial court, refrain from tampering with evidence, and not contact or influence the complainant or witnesses.
