Kanjhawala death case: Court grants bail to Ashutosh, says his role started after commission of offence

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Delhi's Rohini court on Tuesday granted bail to Ashutosh Bhardwaj, an accused in the Kanjhawala hit and drag case. The court while granting bail, said his role started after the commission of the offence.

Additional Sessions Judge Sushil Bagla Dagar allowed the bail plea of Ashutosh Bhardwaj on furnishing bail bond of Rs 50,000.

While opposing the bail plea, Delhi police had argued that the case is a serious one and they are in the process of invoking section 302 (murder) in this case.

The accused was represented by Advocate Shilpesh Chaudhary and Himanshu Yadav.

Also read: Delhi High Court dismisses plea challenging appointment of CJI Chandrachud

The magistrate court on January 12 dismissed the bail plea of Ashutosh in view of the gravity and sensitivity of the allegations against him and the investigation at the initial stage. Also the case is exclusively triable by the court of sessions.

Additional Sessions Judge Sushil Bala Dagar on Monday reserved the order on the bail plea of Ashutosh Bhardwaj.

The special public prosecutor (SPP) for Delhi Police Atul Srivastava vehemently opposed the bail application and submitted that it is a serious matter. We are in the process of invoking section 302 (murder) of IPC.

He also submitted that the investigation is at a crucial stage, we are in the process of adding a section of murder and some crucial witnesses are to be examined. He can hamper the investigation if enlarged on bail.

Delhi police also said that the accused misled and harboured the other accused persons. He also did not inform the police despite being under legal compulsion.

The allegations of criminal conspiracy under Section 120B are also made out against the accused.

On the other hand, Advocate Shilpesh Chaudhary, counsel for Ashutosh, argued that the accused was not in the car at the time of the incident. Therefore, he came in the picture after the commission of the offence. Thus, only section 120B Part 2 is made out.

Allegations against his client are bailable in nature, he argued.

The only allegations against him are under 212, 201,120B Part 2, which are bailable in nature, Chaudhary submitted.

Advocate Chaudhary submitted before the court that there are videos, CDR and Google location which show that the applicant was at his home at the time of the incident. Another accused Ankush is on bail.

Advocate Chaudhary on Thursday had submitted that there is a video of 4.38 am in which it is shown that the accused sat in the car and went to park the car.

The counsel had submitted that Ashutosh uses an Apple phone which records the live location. According to its live location, he was at home.

SPP Srivastava had also submitted that, "We never said he (Ashutosh) was in the car. Our stand is that he provided his vehicle to a person who was not authorised for driving."

He did not inform the police regarding the accident for which he was under legal compulsion. He didn't inform the police about the incident despite having knowledge, SPP submitted.

In this matter, one accused has been granted bail on January 7. The five other accused are in judicial custody.

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