16 August 2024 Bail and Antcipatory Bail >> Criminal Law   |   FIR >> Criminal Law  

In a significant legal development of Deepak Dabas vs Central Bureau of Investigation, the petitioner, Deepak Dabas, has been granted interim bail for a period of three months by the court. This decision comes in the context of an ongoing trial involving serious allegations of violence against undertrial prisoners at Tihar Central Prison.

Case Background:

Deepak Dabas, who was previously the Assistant Superintendent at Tihar Central Prison, New Delhi, sought bail under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973. The charges against him stem from FIR no. RC-06(S)/2021/CBI/SC-III/ND dated September 10, 2021, which accuses him of involvement in the death of an undertrial prisoner, Ankit Gujjar, and injuries inflicted on two other prisoners. This FIR was a result of an investigation initially registered under sections 302/323/341/34 of the Indian Penal Code at P.S. Hari Nagar.

The tragic incident allegedly occurred when Gujjar, who had been accused of possessing a mobile phone and other prohibited items, was beaten severely by prison staff, including Dabas. Despite being shifted to a different ward, Gujjar reportedly did not receive adequate medical attention, leading to his death.

Legal Proceedings:

The investigation into the case was transferred to the Central Bureau of Investigation (CBI) following a writ petition filed by Gujjar’s relatives. The CBI re-registered the case and filed a charge-sheet against Dabas and other co-accused. Despite the charge-sheet being filed on July 2, 2022, and a supplementary charge-sheet on September 15, 2022, the trial has faced significant delays.

Dabas had been granted interim bail previously on June 5, 2023, but a subsequent bail application was dismissed on May 28, 2024. His recent application for bail was prompted by the trial being stalled due to an order from the Supreme Court. On October 6, 2023, the Supreme Court had stayed proceedings in the trial against co-accused Narender Meena, leading to further delays.

Arguments and Decision:

During the recent hearing, Dabas's counsel argued that the delay in trial, coupled with the ongoing stay of proceedings, justified his request for interim bail. They emphasized that Dabas had adhered to all previous bail conditions and did not misuse the granted liberties.

Conversely, the CBI opposed the bail request, highlighting the severity of the charges and the possibility of witness tampering. The prosecution presented evidence, including forensic findings and witness statements, establishing Dabas’s involvement in the alleged violence. They argued that releasing Dabas might lead to further intimidation of witnesses, who had already expressed concerns about their safety.

Court’s Ruling:

Taking into account the prolonged incarceration of Dabas, who has been in judicial custody since July 30, 2022, and the fact that the co-accused Meena had been granted interim bail, the court decided to grant Dabas interim bail for three months. The decision was based on the principle that prolonged detention without trial could infringe on fundamental rights under Article 21 of the Constitution, which guarantees the right to a speedy trial. Dabas is required to furnish a personal bond of Rs. 1,00,000/- with one surety of the same amount. Additional conditions include surrendering any passport, reporting to the investigating officer every Monday, refraining from influencing witnesses, and not engaging in any criminal activity. The court's order emphasizes that this decision does not reflect any opinion on the merits of the case. The bail granted is a temporary measure in light of the trial’s delays and ongoing procedural hurdles. This development underscores the complex interplay between legal rights and the procedural delays that often accompany high-profile criminal cases.

  Indian Penal Code, 1860    Code of Criminal Procedure, 1973