Delhi court grants bail to advocate held with pistols at Tis Hazari complex

A Delhi court has granted bail to an advocate arrested under the Arms Act after two pistols and eight cartridges were allegedly recovered from a trolley bag he was carrying at the Tis Hazari court complex earlier this week.

Judicial Magistrate Preeti Rajoria allowed the bail plea of the accused, Harsh, observing that his continued incarceration was not necessary merely for the purpose of judicial custody.

In an order dated May 23, the court said, “At this stage, continued incarceration of accused Harsh does not appear to be necessary merely for the purpose of judicial custody, particularly when no further custodial interrogation has been sought by the IO.

“Accordingly, without commenting upon the merits of the case, the present bail application is allowed,” it added.

The court noted that while the issue of the accused’s knowledge and conscious possession of the alleged illegal arms would be a matter of trial, certain circumstances highlighted by the defence could not be ignored at the stage of bail consideration.

“The contention raised on behalf of the accused regarding lack of knowledge and conscious possession cannot be conclusively adjudicated at this stage since they are matters of trial,” the magistrate said.

Appearing for the accused, the defence counsel argued that Harsh had allowed the trolley bag to be scanned at the court entry gate, which, it claimed, indicated a lack of awareness about the alleged weapons.

The investigating officer informed the court that the accused had already joined the probe and had taken the police team to locations connected with another accused, Ram Singh, who is currently absconding.

The IO also stated that no further police custody remand was being sought and judicial custody had been requested instead.

“The accused is stated to be an advocate by profession, and no previous criminal antecedents have been pointed out by the prosecution. Investigation qua recovery already stands substantially carried out,” the court said.

The court also noted that the recovery had already been effected and a substantial investigation regarding the recovery had been completed.

“Bail is the rule and jail is an exception,” the court said while allowing the application.

The court directed the accused to furnish a bail bond of Rs 25,000 with one surety of the like amount.

It also imposed conditions, including joining the investigation whenever called, refraining from contacting prosecution witnesses, not tampering with evidence, and not leaving the country without prior permission of the court.