New Delhi: A Delhi Court reprimanded Delhi Police for allegedly arresting a man illegally in a theft case and demanding money for helping in bailing him out.
Additional Sessions Judge MR. Sonu Agnihotri, South West, Dwarka Courts passed directions after the investigating officer (IO) said the man was arrested merely on the basis that his sister had a yellow motorcycle with red rims which matched the description as given by the complainant. The FIR was registered by police under section 356/379/201/411 IPC in Police Station Dwarka South.
Taking serious note of the seriousness of allegations and circumstances revolving the case, the ASJ Sonu Agnihotri directed the deputy commissioner of police (DCP) of Dwarka to inquire regarding the alleged demand of money from the sister of the accused on part of police officials and file a report on January 13.
During the hearing of bail application, when the court asked the IO if in Delhi there can be any other yellow motorcycle with red rims, he submitted that there can be.
On query raised by the Court, the IO had also told the court that no Test Identification Parade (TIP) of accused was conducted as the complainant could not identify the accused as he was wearing a helmet at the time of the theft. He had further submitted that no stolen property was recovered from Nanda. Court observed that:
“Submissions of IO are surprising. IO is asked as to whether in Delhi, there cannot be any other motorcycle of yellow colour having red colour rims, IO has submitted that there can be. In view of what has been submitted by IO, I am of the view that the present case appears to have been solved just to solve the case and the accused appears to have been detained in illegal custody by IO,” the order said.
The Court further noted that the reply of the IO has been forwarded by the SHO concerned who shared the responsibility for the illegal detention of the accused. The Court further observed that:
“When there is no possibility of identification of accused and no recovery of stolen property has been effected from accused, the arrest of accused merely on the basis of fact that sister of accused owns a yellow colour motorcycle having red colour rims appears to be an act on part of IO of an overzealous police officer who in the garb of solving present case appears to have illegally arrested accused in the present case,” the court said.
During the course of hearing, accused’s counsel submitted that bribe of ₹ 50,000 was demanded from the accused’s sister by an ASI for help in bailing him out and the recorded conversation was placed before the Court.
After hearing the audio clip, the court observed that money appeared to be allegedly demanded in the audio clip submitted by the Counsel for the Accused.
The Court granted bail to accused on furnishing a bail bond of ₹ 20,000 with one surety of like amount.
