Team Blitz India
NEW DELHI: A Delhi court has said bail cannot be refused as an indirect process of punishing an accused before he is convicted while releasing a man accused of taking a bribe of Rs 12 lakh.
Special Judge Sunena Sharma granted bail to Rishi Raj, saying it is one of the basic principles of criminal jurisprudence that an accused is presumed to be innocent until proven guilty.
“It is one of the basic principles of criminal jurisprudence that the accused is presumed to be innocent until proven guilty. Even assuming that the accused is prima facie guilty of an offence, bail cannot be refused in an indirect process of punishing the accused before he is convicted,” the judge said in the order passed on July 17.
The judge also noted that the accused was in judicial custody for more than a month and the audio and video recordings of the alleged transaction were already in the possession of the Central Bureau of Investigation (CBI).
She further noted that the accused was a public servant and had no previous involvement in any such matter, though he was under suspension on account of this case.
“In such a scenario, the apprehension of the CBI that the accused may flee from justice or influence the witnesses is without any basis. Moreover, if the accused is found misusing bail by indulging in any such acts, the CBI may approach this court for cancellation of bail,” the judge said.
The judge granted the relief to the accused on a bail bond of Rs 50,000 with two sureties of a like amount and directed that the accused will not leave the country without the court’s permission nor will he contact or influence the witnesses in any manner and will cooperate in the investigation.
