While dismissing the bail application of accused Deepak Khanna, Rohini court rapped Delhi Police for filing an evasive and vague reply.
The court said, "It appears that Investigation Officer (IO) is not opposing the bail application. The approach of the investigating agency appears to be non-serious."
The reply on future bail applications are directed to be supervised by the concerned DCP.
Additional Sessions Judge Sushil Bala Dagar on Friday said, "Further it is pertinent to mention that the reply which has been received to this bail application today is quite evasive, vague and non-specific on all grounds. It appears from the reply that the IO is not opposing the bail application.
"The investigating agency ought not to have such a non-sensitive approach. It shocks the judicial consciousness of the Court that such evasive non-specific, vague grounds are being made in the reply. The approach of the investigating agency appears to be non-serious," the court further said.
Accordingly, in case, in future any application is moved in this matter, DCP is concerned to personally supervise the same and any response sent to the Court should be routed through the Office of DCP to reflect his supervision and application of mind over the investigation, the court directed.
The court noted that the allegations against accused Deepak are grave in nature.
"The investigation is still in the initial stages. The accused himself has given two versions to theinvestigating agency as mentioned in the bail application i.e. at the first instance, he stated that he was driving the vehicle and later on he is taking the defence that he was not driving the vehicle. Whether he was present inside the vehicle or not is yet to be investigated," the court noted.
The Court further said that the arguments of Counsel for the accused regarding his GPS location or CDR are not tenable which seems to be his defence and the matter is still at the initial stage.
"It is not necessary that at all times a person would be carrying his mobile phone with him which is still a matter of investigation. The question of the presence of the accused/ applicant or whether he was not present can not be ascertained at this stage. The accused/ applicant cannot seek parity with the other co-accused," the court said.
During the hearing, the IO orally submits through APP for State that one witness namely Sahil whose statement under Section 164 Code of Criminal Procedure (CrPC) has been recorded has stated that co-accused Amit was driving the vehicle.
On inquiry, whether the alleged witness Sahil has mentioned whether accused Deepak was present in the vehicle or not, IO submitted that alleged witness Sahil has not made anymention about accused Deepak in his statement and an investigation in this regard is still going on.
The allegations against the accused/ applicant are grave in nature. Owing to the aforesaid observations, the seriousness and gravity of the allegations levelled against the applicant or accused, the present bail application of accused/ applicant Deepak Khanna stands dismissed and accordingly disposed off, the court recorded in the order uploaded on Saturday.
In this matter, two out of seven accused are on bail. Ankush and Ashutosh has been granted bail. The other five accused including Deepak Khanna, Amit Khanna, Manoj Mittal, Krishan and Mithun are in judicial custody. They are to be produced in court on January 23.
( With inputs from ANI )
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